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McCABE v. QUEENSBORO FARM PRODS.

22 N.Y.2d 204 (1968)

Bernard McCabe, Plaintiff, v. Queensboro Farm Products, Inc., et al., Defendants. Sam Gelfand, Individually and Doing Business under the Name of Eagle Roofing & Sheet Metal Works, Third-Party Plaintiff-Appellant, v. Banner Roofing Co., Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided May 29, 1968.

Attorney(s) appearing for the Case

B. Leo Schwarz and Stanley H. Kaufman for appellant.

John M. Cunneen for respondent.

Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.

Chief Judge FULD.

The history of this litigation, a simple cause of action in negligence, has been long and tortured. It appears that it has involved no less than nine separate proceedings in the Supreme Court (including two full trials), six appeals to the Appellate Division and is now before this court for the third time. The present appeal, brought nearly 11 years after the action was commenced, is from an...

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