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CASCIA v. MAZE WOODENWARE CO., INC.

30 A.D.2d 806 (1968)

Gaetano Cascia, Respondent, v. Maze Woodenware Co., Inc., Defendant and Third-Party Plaintiff-Appellant. Zeilon Mason Contractors, Third-Party Defendant-Respondent

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

July 1, 1968

Motion denied insofar as it is for leave to appeal to the Court of Appeals.

Judgment modified, on the law, by striking therefrom the first decretal paragraph and the following from the third decretal paragraph: "that the plaintiff have execution therefor upon the judgment herein and", and by substituting therefor provisions that plaintiff's complaint is dismissed, with costs to be taxed, and that appellant have execution for such costs. As so modified, judgment affirmed...

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