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CERAVOLO v. SUNNYSIDE MKT.

168 A.D.2d 409 (1990)

Michael Ceravolo et al., Respondents, v. Sunnyside Market, Defendant and Third-Party Plaintiff. Borden, Inc., Third-Party Defendant-Appellant. (And Two Other Third-Party Actions.)

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

December 3, 1990

Ordered that the order is affirmed insofar as appealed from, with costs.

The third-party defendant, Borden, Inc. (hereinafter Borden), asserts that, upon their motion to have the complaint in the main action restored to the Trial Calendar, the plaintiffs failed to make a sufficient showing of the merits of their claims and that the complaint should have been dismissed. We disagree. Upon an examination of the complaint and...

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