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CARROLS EQUITIES CORP. v. VILLNAVE

76 Misc.2d 205 (1973)

Carrols Equities Corp., Plaintiff, v. Donald Villnave, Doing Business as Villnave Construction, et al., Defendants and Third-Party Plaintiffs. Gregory Ferentino and Assoc. et al., Third-Party Defendants.

Supreme Court, Onondaga County.

December 3, 1973

Attorney(s) appearing for the Case

Melvin M. Slotnick for plaintiff. Brown, Clements & Silver (Mahlon T. Clements of counsel), for third-party plaintiffs. Sugarman, Wallace, Manheim & Schoenwald (Charles M. Manheim of counsel), for Eckerlin-Klepper-Hahn, third-party defendant.

STEWART F. HANCOCK, JR., J.

The motion of the third-party defendant, Eckerlin-Klepper-Hahn (hereinafter called Eckerlin), dismissing the third-party complaint as to it should be granted.

Plaintiff in the main action has sued the defendant, Villnave, for breach of a written construction contract under which Villnave agreed to build a restaurant. The Insurance Co. of North America is named a defendant...

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