COUGHLIN v. SANFORD NALLITT CO., LTD.


34 A.D.2d 757 (1970)

Thomas Coughlin, Respondent, v. Sanford Nallitt Co., Ltd., et al., Defendants; Congaree Iron & Steel Co., Inc., Appellant. Congaree Iron & Steel Co., Inc., Third-Party Plaintiff-Appellant, v. Nicholas Sucich, Third-Party Defendant-Respondent

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

May 12, 1970


Order entered January 7, 1970, dismissing the third-party complaint and vacating notices of deposition thereunder affirmed, with $30 costs and disbursements to the third-party defendant-respondent.

We agree that "the intendment of the pleaders is reasonably clear." That intendment, however, is clearly spelled out in the complaint without the necessity of torturing it into another meaning that it does not possess. In simple English, the complaint charges active, participating...

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