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WAINWRIGHT v. ELBERT LIVELY & CO., INC.

99 A.D.2d 490 (1984)

John Wainwright, Respondent, v. Elbert Lively & Company, Inc., et al., Respondents, and Logemann Brothers, Inc., Defendant and Third-Party Plaintiff-Respondent. Nassau Recycle Corporation, Third-Party Defendant-Appellant

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

January 9, 1984

Order affirmed, without costs or disbursements, upon condition that plaintiff serve third-party defendant with a note of issue within 20 days after service upon him of a copy of the order to be made hereon, with notice of entry, and upon further condition that plaintiff file the note of issue, with proof of service, within 10 days after service.

In the event these conditions are not complied with, order modified, by deleting...

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