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MUSCO v. CONTE

22 A.D.2d 121 (1964)

Fanny Musco, as Administratrix of The Estate of Salvatore Musco, Deceased, Plaintiff, v. John L. Conte, Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. Yonkers General Hospital et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants

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

November 23, 1964.

Attorney(s) appearing for the Case

George Franklyn Muth and John Preston Phillips for appellant.

Mendes & Mount (Albert L. Bases and Lewis S. Sandler of counsel), for Yonkers General Hospital, respondent.

Lester D. Cook for Marium B. Phillips, respondent.

UGHETTA, Acting P. J., BRENNAN, HILL and RABIN, JJ., concur.

HOPKINS, J.

We deal here with the sufficiency of a third-party complaint on its face; hence, the allegations of the original complaint and the third-party complaint are read together and accepted as true (Dyer v. Broadway Cent. Bank, 252 N.Y. 430, 432; Vaughan v. Globe Neon Sign Co., 10 A.D.2d 568, affd. 8 N.Y.2d 776).

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