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MELINO v. TOUGHER HEATING & PLUMBING CO., INC.

23 A.D.2d 616 (1965)

Edith Melino, as Administratrix of The Estate of Angelo Melino, Deceased, Plaintiff, v. Tougher Heating & Plumbing Co., Inc., et al., Defendants Tougher Heating & Plumbing Co., Inc., et al., Defendants and Third-Party Plaintiffs-Appellants, v. Syracuse Industrial Sales Company, Third-Party Defendant-Respondent, Syracuse Industrial Sales Company, Third-Party Defendant and Fourth-Party Plaintiff, v. Omark Industries, Fourth-Party Defendant-Respondent

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

February 25, 1965

HAMM, J.

The history and chronology of the motions need not be detailed as the issues turn on the permissibility of a third-party complaint. The allegations of negligence in the main complaint are confined exclusively to the following allegations: "11. That the defendant, Donald Osterhoudt, so carelessly, recklessly and negligently operated the said industrial tool as to cause a metal bolt to be discharged into and through a wooden tool chest. 12. That...

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