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  5. 18 N.Y.2d 933 (1966)
 

JOHNSON v. EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES

18 N.Y.2d 933 (1966)

Joanne Johnson, as Administratrix of The Estate of Ulysses Johnson, Deceased, et al., Plaintiffs, and Mary Szczerba, as Administratrix of The Estate of Nick Szczerba, Deceased, Respondent, v. Equitable Life Assurance Society of the United States et al., Defendants, and Michigan Tool Company, Appellant. Equitable Life Assurance Society of the United States, Third-Party Plaintiff-Respondent, v. Skidmore, Owings & Merrill et al., Third-Party Defendants, and Michigan Tool Company, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decision withheld December 1, 1965.

Decided December 1, 1966.

Attorney(s) appearing for the Case

John M. Aherne and James J. Taylor for appellant.

Emile Z. Berman, A. Harold Frost, Leonard Sheft and Paul M. Brown for third-party plaintiff-respondent.

No appearance for plaintiff-respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Taking no part: Judge KEATING.

Upon the appeal on the first question certified, appellant having stipulated that it submits to in personam jurisdiction, order affirmed, without costs. Question certified answered in the affirmative.

Upon the appeal on the second question certified, order affirmed, with costs. Question certified answered in the affirmative...

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