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HORAN v. COLD SPRING CONSTR

109 Misc.2d 1034 (1981)

Fay I. Horan, Individually and as Administratrix of The Estate of James M. Horan, Deceased, Plaintiff, v. Cold Spring Construction Company, Defendant and Third-Party Plaintiff; S. J. Groves & Sons Company, Third-Party Defendant.

Supreme Court, Steuben County.

January 23, 1981

Attorney(s) appearing for the Case

John C. Alletto and Roger G. Preston, Jr., for third-party defendant. Shults & Shults for plaintiff. Harter, Secrest & Emery (James C. Moore and Elizabeth J. McDonald of counsel), for defendant and third-party plaintiff.

ARTHUR B. CURRAN, J.

This matter was brought before a Special Term of this court for an order pursuant to CPLR 3211 (subd [a], par 7), dismissing the third-party summons and complaint, on the ground that the third-party summons and complaint fails to state a cause of action.

The undisputed facts in this case are as follows: On or about June 29, 1979, the third-party defendant, S. J. Groves and Sons Company, was engaged in the construction of certain...

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