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BROOKS v. CHEM TANK LINES

71 A.D.2d 405 (1979)

James E. Brooks, Respondent, et al., Plaintiff, v. Chemical Leaman Tank Lines, Inc., Appellant; Blackstone Corporation, Respondent and Third-Party Plaintiff-Respondent. Freight Container Security, Inc., Third-Party Defendant-Respondent

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

December 13, 1979

Attorney(s) appearing for the Case

Remo J. Acito of counsel (Elinore B. Klein and Barry C. Weiss with him on the briefs; Acito & Klein, P. C., appellate counsel to J. Robert Morris, attorney), for appellant.

Harry First of counsel (First & First, attorneys), for respondent.

Morris Zweibel of counsel (Patrick J. Fogarty with him on the brief; Crowe, McCoy, Agoglia, Fogarty & Zweibel, P. C., attorneys), for defendant and third-party plaintiff-respondent.

Stanford Kaplan of counsel (Kaplan & Oshman, appellate counsel to John T. Pellini, attorney), for third-party defendant-respondent.

BIRNS, J. P., BLOOM, SILVERMAN and ROSS, JJ., concur.

FEIN, J.

Defendant Chemical Leaman Tank Lines, Inc. (Chemical) appeals from a judgment entered in Bronx County, February 6, 1979, in favor of plaintiff against Chemical in the sum of $148,750 after a jury trial. At the close of plaintiff's case the Trial Justice dismissed Chemical's cross claim against the codefendant Blackstone Corp. (Blackstone) without permitting Chemical to offer proof in support of the cross...

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