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D'ARCANGELO v. BURNETT

78 Misc.2d 118 (1974)

Richard D'Arcangelo et al., Plaintiffs, v. Robert L. Burnett, Defendant. (Action No. 1.) Robert L. Burnett, Defendant and Third-Party Plaintiff, v. Raymond F. Scott, Third-Party Defendant. (Action No. 2.) Robert L. Burnett, Plaintiff, v. Raymond F. Scott, Defendant. (Action No. 3.)

Supreme Court, Steuben County.

May 30, 1974

Attorney(s) appearing for the Case

Harpending, Fox, Buck, Gleckner & Danaher for third-party defendant. Sayles, Evans, Brayton, Palmer & Tifft for defendant and third-party plaintiff.

ALTON J. WIGHTMAN, J.

Raymond F. Scott, the third-party defendant in action No. 2 and the defendant in action No. 3, has moved this court by two separate motions for orders pursuant to CPLR 3211, dismissing the amended third-party complaint in action No. 2 and the complaint in action No. 3 upon the ground that both pleadings fail to state facts sufficient to constitute a cause of action. Additionally, the complaint...

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