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RUSSO v. ALBERT PIPE SUPPLY CO., INC.

39 A.D.2d 721 (1972)

Louis Russo, Respondent, v. Albert Pipe Supply Co., Inc., Defendant and Third-Party Plaintiff-Appellant. Dominick Taubassi et al., Third-Party Defendants-Respondents

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

May 1, 1972

Order affirmed, with costs to plaintiff and third-party defendant Kimball Motors Dispatch, Inc.

We do not reach the question of the propriety of the dismissal of the third-party complaint by the trial court since there is no decretal paragraph in the judgment dismissing the third-party complaint and no appeal lies from rulings at the trial with respect thereto. However, we have examined the merits with respect to the dismissal...

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