FROUGE CORP. v. NEW YORK CITY HOUS. AUTH.


33 A.D.2d 996 (1970)

Frouge Corporation, Plaintiff, v. New York City Housing Authority, Defendant Frouge Corporation, Third-Party Plaintiff-Appellant, v. La Sala Bros., Inc., Third-Party Defendant-Respondent

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

February 2, 1970


Order and judgment (one paper) entered August 13, 1969, granting summary judgment dismissing the third-party complaint reversed on the law, with $50 costs and disbursements to appellant to abide the event and motion denied.

The record presents triable issues as to whether matters in controversy in the instant suit were the same as those litigated in the prior arbitration proceeding, and whether the claim made by plaintiff is barred by the one-year guarantee limitation...

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