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WILLIAMS v. TOWN OF NISKAYUNA

72 Misc.2d 441 (1972)

Malcolm J. Williams et al., Plaintiffs, v. Town of Niskayuna et al., Defendants. Town of Niskayuna, Third-Party Plaintiff, v. Ouida Bohanske, Third-Party Defendant.

Supreme Court, Special Term, Schenectady County.

August 8, 1972

Attorney(s) appearing for the Case

Richard T. Horigan for defendant and third-party plaintiff. Bender, Hesson, Ford & Grogan for third-party defendant.

EDWARD S. CONWAY, J.

This is a motion by the third-party defendant for an order dismissing the third-party complaint on the ground that it fails to state facts sufficient to constitute a cause of action, and on the further ground that pursuant to CPLR 3211 and the case of Dole v. Dow Chem. Co. (30 N.Y.2d 143), a complete defense, founded upon documentary evidence, exists...

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