DE LUCA v. ITEK CORP.


59 A.D.2d 885 (1977)

Anthony F. De Luca, Plaintiff, v. Itek Corporation, Defendant and Third-Party Plaintiff-Respondent. Butterick Fashion Marketing Co., Appellant

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

November 7, 1977


Order reversed, with $50 costs and disbursements, and motion to dismiss granted, without prejudice to the service of an amended third-party complaint.

Respondent's time to serve an amended third-party complaint is extended until 20 days after service upon it of a copy of the order to be made herein, with notice of entry thereof. The third-party complaint does not set forth the material elements of a cause of action in negligence (see CPLR 3013). What the third-party...

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