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GIULIANO v. SCHWARTZMAN

47 A.D.2d 836 (1975)

Vito Giuliano, as Administrator, Plaintiff, v. Eugene Schwartzman, Defendant and Third-Party Plaintiff-Respondent; Salvador Stambler, Third-Party Defendant-Appellant

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

March 24, 1975

Order reversed, on the law, without costs, and motion granted, with leave to third-party plaintiff to move at Special Term for permission to serve an amended third-party complaint, if he be so advised.

The third-party complaint does not allege facts showing negligence of any kind on the part of the third-party...

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