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McINTYRE v. FARRELL LINES

No. 80 Civ. 6735(MP).

524 F.Supp. 99 (1981)

Donald McINTYRE, Plaintiff, v. FARRELL LINES and United States Lines, Defendants. FARRELL LINES and United States Lines, Defendants and Third-Party Plaintiffs, v. STATEN ISLAND WINDOW CLEANING COMPANY, INC., Third-Party Defendant. STATEN ISLAND WINDOW CLEANING COMPANY, INC., Third-Party Defendant and Fourth-Party Plaintiff, v. HOWLAND HOOK MARINE TERMINAL CORPORATION, Fourth-Party Defendant.

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

October 15, 1981.

Attorney(s) appearing for the Case

Morris, Duffy, Ivone & Jensen by Irwin H. Haut, New York City, for third-party defendant and fourth-party plaintiff Staten Island Window Cleaning Company, Inc.

Benjamin J. Sergi, Brooklyn, N. Y., for fourth-party defendant Howland Hook Marine Terminal Corp.

MEMORANDUM

MILTON POLLACK, District Judge.

Howland Hook Marine Terminal Corporation (Howland) moves pursuant to Fed.R. Civ.P. 12(b)(6) and 56 to dismiss a fourth party complaint brought against it by third party defendant and fourth party plaintiff, Staten Island Window Cleaning Co., Inc. (Staten Island). For the reasons appearing hereafter, the motion must be denied.

The underlying action is a tort suit by plaintiff, Donald McIntyre, against first...

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