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  5. 38 N.Y.2d 818 (1975)
 

ALLMAN v. SIEGFRIED CONSTR. CO., INC.

38 N.Y.2d 818 (1975)

John C. Allman, Respondent, v. Siegfried Construction Co., Inc., et al., Appellants. Niagara Wrecking & Lumber Co., Inc., Third-Party Plaintiff-Appellant, v. Herbert F. Darling et al., Doing Business as Herbert F. Darling Engineering Contractors, Third-Party Defendant-Respondent. Siegfried Construction Co., Inc., Third-Party Plaintiff-Appellant, v. Herbert F. Darling et al., Doing Business as Herbert F. Darling Engineering Contractors, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided December 29, 1975.

Attorney(s) appearing for the Case

W. Donn McCarthy and Warren S. Radler for motion and opposed to cross motion.

John F. Canale opposed to motion and for cross motion.

Motion denied with $20 costs and necessary reproduction disbursements.

Cross motion granted and appeal dismissed, with costs, upon the ground it does not lie as of right (Kinch v Adams, 36 N.Y.2d 851

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