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DUKES OF DIXIELAND v. AUDIO FID., INC.

19 A.D.2d 615 (1963)

Dukes of Dixieland, Appellant, v. Audio Fidelity, Inc., Defendant-Respondent and Third-Party Plaintiff-Respondent. Joseph P. Delaney, Third-Party Defendant-Appellant

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

June 25, 1963

Orders entered on May 3, 1962, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motions to dismiss the third-party complaint granted, with $10 costs, without prejudice, however, in the exercise of discretion, to the institution of a separate action by respondent (cf. Braun v. City of New York, 17 A.D.2d 264; Kratter Corp. v. Grad, Appeal No. 566, Cal. June 4, 1963).

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