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TOWN OF OGDEN v. HOWARTH & SONS

58 Misc.2d 213 (1968)

Town of Ogden, Plaintiff, v. Earl R. Howarth & Sons, Inc., Defendant and Third-Party Plaintiff. Timothy Hart, Third-Party Defendant.

Supreme Court, Special Term, Monroe County.

October 21, 1968

Attorney(s) appearing for the Case

Arthur E. Rosenberg for defendant and third-party plaintiff. Berger & Kennedy (John A. Shields of counsel), for third-party defendant.

CARROLLTON A. ROBERTS, J.

This is a motion by third-party plaintiff (hereinafter referred to as "Howarth") to dismiss three counterclaims in the answer of third-party defendant (hereinafter referred to as "Hart") for alleged legal insufficiency.

The primary action was commenced by the Town of Ogden to compel compliance by a contractor (Howarth) with certain subdivision development and construction regulations...

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