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BLACK v. OBERLE RENTALS

55 Misc.2d 398 (1967)

Howard L. Black, Plaintiff, v. Oberle Rentals, Inc., et al., Defendants. Lorraine H. Black, Plaintiff, v. Oberle Rentals, Inc., et al., Defendants. Layton Homes Corp. et al., Defendants and Third-Party Plaintiffs, v. Fayette Manufacturing Company et al., Third-Party Defendants.

Supreme Court, Onondaga County.

December 8, 1967

Attorney(s) appearing for the Case

A. S. and S. S. Cohen for Howard L. Black and Lorraine H. Black, plaintiffs. Mackenzie, Smith, Lewis, Michell & Hughes for Oberle Rentals, Inc., defendant. Costello, Cooney & Fearon for Layton Homes Corp. and others, defendants and third-party plaintiffs. Oot, Greene, Setright & Moore for Beck Welding and Manufacturing, Inc., third-party defendant.

JAMES H. O'CONNOR, J.

The third-party defendant, Beck Welding and Manufacturing Inc., moves for an order pursuant to CPLR 3211 (subd. [a], par. 8) dismissing the third-party complaint on the ground that the court has no jurisdiction over the third-party defendant aforesaid.

It is undisputed that the afore-mentioned third-party defendant was served with the third-party complaint on July 21, 1967 in the...

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