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ELLIOTT v. E. T. IND.

88 Misc.2d 942 (1976)

Raymond C. Elliott, as Administrator of The Estate of Bonnie G. Elliott, Deceased, Plaintiff, v. E. T. Industries, Inc., Defendant and Third-Party Plaintiff. Western Die Cast Company et al., Third-Party Defendants.

Supreme Court, Saratoga County.

November 18, 1976

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case & Blackmore (Clayton T. Bardwell of counsel), for Western Die Cast Company, third-party defendant. Keniry & Keniry (Patrick J. Keniry of counsel), for defendant and third-party plaintiff.

WILLIAM L. FORD, J.

Pursuant to CPLR 8101 and 8301, Western Die Cast Company (Western), one of two third-party defendants, moves for an order granting, awarding and taxing certain costs and disbursements in its favor against the defendant and third-party plaintiff, E. T. Industries, Inc. (Industries), following a voluntary discontinuance on the merits before trial of the third-party action by Industries against Western.

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