HOWARTH v. BROWN


60 Misc.2d 587 (1968)

Earl R. Howarth, Plaintiff, v. Howard L. Brown, Defendant and Third-Party Plaintiff. Community Savings Bank of Rochester, Third-Party Defendant.

Supreme Court, Special Term, Monroe County.

May 15, 1968


Attorney(s) appearing for the Case

Arthur E. Rosenberg for plaintiff and third-party defendant. Woods, Oviatt, Gilman, Sturman & Clarke (Robert M. Schantz of counsel), for defendant and third-party plaintiff.


WILLIAM G. EASTON, J.

This is a motion by the third-party defendant to dismiss the third-party complaint on the ground that it fails to state a cause of action or in the alternative for summary judgment against the third-party plaintiff thereon on the ground that said third-party action is barred because of collateral estoppel.

The plaintiff, a building contractor, contracted to build a house for the...

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