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ROONEY v. LOEW'S THEATRES

55 Misc.2d 376 (1967)

Jeremiah J. Rooney, Plaintiff, v. Loew's Theatres, Inc., et al., Defendants and Third-Party Plaintiffs. American Film Productions, Inc., et al., Third-Party Defendants.

Supreme Court, Special Term, New York County.

November 15, 1967

Attorney(s) appearing for the Case

Tenzer, Greenblatt, Fallon & Kaplan (Edward L. Sadowsky of counsel), for defendants and third-party plaintiffs. Watters & Donovan (John P. Walsh and Raymond J. Messina of counsel), for plaintiff. Jaffe, Shaw & Rosenberg (Bernard Jaffe of counsel), for American Film Productions and others, third-party defendants.

CHARLES G. TIERNEY, J.

Third-party defendants, American Film Productions, Inc., and AFP Distributors, Inc., move for dismissal of the third-party complaint upon the ground it fails to state a cause of action and upon the further ground a defense is founded upon documentary evidence. Plaintiff cross-moves for an order directing third-party defendants and defendants to appear for examination before trial and to...

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