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McINTYRE v. HARRISON HARDWARE CO.

39 Misc.2d 572 (1963)

Archie McIntyre, Plaintiff, v. Harrison Hardware & House Furnishings Company Incorporated et al., Defendants. Harrison Hardware & House Furnishings Company, Incorporated, Defendant and Third-Party Plaintiff, v. Whink Products Company, Third-Party Defendant.

Supreme Court, Special Term, Kings County.

June 4, 1963

Attorney(s) appearing for the Case

Alexander E. Rosenthal for plaintiff. Max Gwertzman for C. & C. Sales Co., defendant. Garfield & Fagan for defendant and third-party plaintiff. Schaffner & Lawless for third-party defendant.

LEWIS W. OLIFFE, J.

The attorneys for an insurance company appeared in this action on behalf of Whink Products Company, third-party defendant. The attorneys for the insurance company now move to vacate the appearance and the answer which was served by them on behalf of Whink Products Company. The basis of the motion is that the appearance was without authorization from the third-party defendant and was due to a mistake of fact.

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