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EDWARD EHRBAR, INC. v. FIVE BROS. EXCAVATING CORP.

20 A.D.2d 541 (1963)

Edward Ehrbar, Inc., Respondent, v. Five Brothers Excavating Corp. et al., Appellants, et al., Defendants Five Brothers Excavating Corp., Third-Party Plaintiff-Respondent, v. Ralph Martin, Third-Party Defendant-Appellant. (Action No. 1.) Long Island Rail Road Company, Appellant, v. Edward Ehrbar, Inc., Respondent-Appellant, and Five Brothers Excavating Corporation et al., Respondents Five Brothers Excavating Corp., Third-Party Plaintiff-Appellant, v. Ralph Martin, Third-Party Defendant-Respondent. (Action No. 2.) Gertrude Polatchek, Respondent, et al., Plaintiff, v. Long Island Rail Road Company, Appellant; Five Brothers Excavating Corp., Appellant-Respondent and Edward Ehrbar, Inc., Respondent, et al., Defendant. (Action No. 3.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 2, 1963

Judgment, insofar as it is in favor of: (a) Ehrbar in Action No. 1; (b) Five Brothers in Action No. 2; (c) Gertrude Polatchek in Action No. 3, and against the Long Island Rail Road Company in said three actions; and insofar as it is in favor of Ralph Martin, the third-party defendant in Action No. 2 and against Five Brothers, as the third-party plaintiff in that action, is reversed on the law and the facts, without costs to any party; a new trial is granted as among said...

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