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PATAFIO v. PORTA-CLEAN OF AM., LTD.

48 A.D.2d 858 (1975)

Giovanna Patafio et al., Respondents, v. Porta-Clean of America, Ltd., et al., Defendants, and Burton F. Hoffman et al., Doing Business as Ferris Avenue Associates, Defendants and Third-Party Plaintiffs-Appellants; Primiano Realty Corp., Inc., et al., Third-Party Defendants; J. B. Primiano & Sons, Inc., Third-Party Defendant Respondent-Appellant

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

June 9, 1975

Judgment modified, on the law, (1) by striking therefrom the first two decretal paragraphs, which are in favor of plaintiffs against defendants third-party plaintiffs, and substituting therefor a provision that the complaint as against defendants third-party plaintiffs is dismissed and (2) by striking from the third decretal paragraph thereof the following: "and that plaintiffs have execution thereof". As so modified, judgment affirmed, with costs to defendants third-party...

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