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CONSOLIDATED RAIL CORP. v. NEVINS-PATRILLO, ETC.

No. 79 Civ. 2588 (HFW).

501 F.Supp. 27 (1980)

CONSOLIDATED RAIL CORPORATION, Plaintiff, v. NEVINS-PATRILLO WAREHOUSE & DISTRIBUTION SYSTEM, INC., and Jeffrey Nevins, Defendants. NEVINS-PATRILLO WAREHOUSE & DISTRIBUTION SYSTEM, INC., Defendant and Third-party Plaintiff, v. ARMEL ICE CREAM COMPANY, INC., Third-party Defendant. ARMEL WAREHOUSE, INC., Third-party Defendant & Fourth-party Plaintiff, v. The STATE OF NEW YORK, Executive Department, Office of General Services, Fourth-party Defendant.

United States District Court, S. D. New York.

June 26, 1980.

Attorney(s) appearing for the Case

Michael J. Siris, New York City, for plaintiff.

Cimini & Snyder, New York City, for Armel by Alan M. Snyder, New York City, of counsel.

Robert Abrams, Atty. Gen. of State of New York, New York City, for the State by Robert A. Forte, Asst. Atty. Gen., New York City, of counsel.

MEMORANDUM DECISION

WERKER, District Judge.

This is a Rule 12(b)(6) motion by fourth-party defendant, the Executive Department of the Office of General Services of the State of New York (the "State"), to dismiss the complaint of plaintiff Consolidated Rail Corporation ("Conrail") and the fourth-party complaint of fourth-party plaintiff, Armel Warehouse Inc. ("Armel"). For the reasons that follow, the motion is denied.

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