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ANGELILLI CONSTR. CO. v. SULLIVAN & SON

45 Misc.2d 171 (1964)

Frank Angelilli Construction Company, Inc., Plaintiff, v. Sullivan & Son, Inc., Defendant and Third-Party Plaintiff. Ohio Lime Company, Third-Party Defendant.

Supreme Court, Westchester County.

December 18, 1964

Attorney(s) appearing for the Case

Cerrato, Nayor & Edmiston for plaintiff. Bleakley, Platt, Schmidt, Hart & Fritz for third-party defendant. Nicholas F. Dyruff for defendant and third-party plaintiff.

JOSEPH F. GAGLIARDI, J.

This is a motion to dismiss the defense of lack of jurisdiction pleaded in the third-party answer of Ohio Lime Company. Plaintiff Frank Angelilli Construction Company, Inc., purchased 50 bags of lime for $55 from the defendant Sullivan & Son, Inc., in Yonkers, New York, and used it to erect plaster walls in a building also in Yonkers. It is alleged that the lime was defective so that...

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