FARRELL v. GEN. TEL. CO.


29 A.D.2d 51 (1967)

Kenneth Farrell, Plaintiff, v. General Telephone Co. of Upstate New York, Defendant and Third-Party Plaintiff-Respondent; F. A. Tucker, Inc., Third-Party Defendant-Appellant

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

December 22, 1967.


Attorney(s) appearing for the Case

Warner M. Bouck and Donald D. Gulling, Jr., for third-party defendant-appellant.

William J. Stewart and Joseph Jacobs for defendant and third-party plaintiff-respondent.

Edward S. Stewart for plaintiff.

GIBSON, P. J., HERLIHY, AULISI and STALEY, JR., JJ., concur.


GABRIELLI, J.

This is an appeal from an order of the Supreme Court, Schenectady County, which denied a motion to dismiss the third-party complaint.

The third-party plaintiff (hereinafter referred to as "Telephone Co.") entered into a contract with the third-party defendant (hereinafter referred to as "Tucker") wherein it was provided that Tucker was to perform certain work for the Telephone Co. involving...

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