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HENNEBERGER v. SCHWABE, INC.

58 Misc.2d 986 (1968)

June Henneberger et al., Plaintiffs, v. Herman Schwabe, Inc., et al., Defendants. Herman Schwabe, Inc., Third-Party Plaintiff, v. Caracciolo Construction Co. Inc., et al., Third-Party Defendants.

Supreme Court, Trial Term, Kings County.

December 18, 1968

Attorney(s) appearing for the Case

Feuerstein & Underweiser for Philip O. Agusta, third-party defendant. McLaughlin, Fiscella & Biancheri for Herman Schwabe, Inc., third-party plaintiff. Stanley Lieberman for plaintiffs.

BENJAMIN BRENNER, J.

The architect, Agusta, moves to dismiss the third-party complaint which, broadly read, asserts improper supervisory activities by said architect which induced the defendant owner to wrongfully enter upon and damage the land of plaintiffs, the adjoining owners.

The prime complaint alleges that a subcontractor, Caracciolo Construction Company, also hired by the defendant, accompanied...

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