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ASKIN v. RECORD CONCRETE CUTTING CORP.

47 A.D.2d 742 (1975)

Joseph J. Askin, as Administrator of The Estate of Roy J. Askin, Deceased, Appellant, v. Record Concrete Cutting Corp. et al., Defendants, and J. D. Posillico, Inc., Respondent

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

March 3, 1975

No opinion.

Shapiro, J., concurs in the affirmance of the orders but, in addition thereto, votes to add thereto a provision that the affirmance is without prejudice to plaintiff's moving at Special Term, if he be so advised, for leave to amend the complaint so as to plead a cause of action based upon the doctrine of third-party beneficiary (Lawrence v. Fox, 20 N.Y. 268; Seaver v. Ranson,...

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