BUCHANAN v. GRAHAM


38 Misc.2d 398 (1963)

Albert J. Buchanan et al., Plaintiffs, v. Sybil B. Graham, Defendant and Third-Party Plaintiff. Home Title Guaranty Company, Third-Party Defendant.

Supreme Court, Special Term, Nassau County.

February 4, 1963


Attorney(s) appearing for the Case

Dreyer & Traub (Samuel Kirschenbaum and Charles Feit of counsel), for third-party defendant. Dominick A. De Riggi for plaintiffs. M. Maurice Graham for defendant and third-party plaintiff.


MARIO PITTONI, J.

Motion by third-party defendant for an order dismissing the amended third-party complaint under subdivision 4 of rule 106 of the Rules of Civil Practice is granted.

Two prior third-party complaints have been dismissed with leave to amend.

The complaint in the main action, a necessary part of our consideration on this motion to dismiss (Tripp, Guide to Motion Practice [1955-1962 Supp.], p. 63), seeks the recovery of a...

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