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MFRS. & TRADERS TRUST CO. v. STONE CONVEYOR, INC.

91 A.D.2d 849 (1982)

Manufacturers and Traders Trust Company, Plaintiff, v. Stone Conveyor, Inc., Now Known as Honeoye Industries, Inc., Stone Conveyor Division, Respondent. Welty-Way Products, Inc., Appellant

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

December 17, 1982

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Welty-Way Products, Inc. (Welty-Way), third-party defendant, appeals from so much of an order as denied its motion to dismiss (CPLR 3211, subd [a], par 7) the first, second and fourth causes of action of the third-party complaint. The order granted the motion with respect to the third cause of action with leave to replead (CPLR 3211, subd [e]). Third-party plaintiff...

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