Sannit v. Buffalo Wire Works Co.

Appellate Division of the Supreme Court of New York

Sannit v. Buffalo Wire Works Co.

278 A.D. 632, 102 N.Y.S.2d 381, 1951 N.Y. App. Div. LEXIS 4150

Appellate Division of the Supreme Court of the State of New York·Decided January 24, 1951·Published·Cited by 3 cases

Opinion

Order reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs, without prejudice to the third-party plaintiff to bring another action, if so advised. Memorandum: We think the third-party complaint alleges only that the third-party- defendant is a joint tort-feasor with the third-party plaintiff. (See Fox V. Western New York Motor Lines, 257 N. Y. 305.) All concur. (Appeal from an order denying a motion by a third-party defendant to dismiss the complaint by the defendant third-party plaintiff.) Present — MeCurn, Yaughan, Kimball, Piper and Wheeler, JJ.

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Order reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs, without prejudice to the third-party plaintiff to bring another action, if so advised. Memorandum: We think the third-party complaint alleges only that the third-party- defendant is a joint tort-feasor with the third-party plaintiff. (See Fox V. Western New York Motor Lines, 257 N. Y. 305.) All concur. (Appeal from an order denying a motion by a third-party defendant to dismiss the complaint by the defendant third-party plaintiff.) Present — MeCurn, Yaughan, Kimball, Piper and Wheeler, JJ.

Sannit v. Buffalo Wire Works Co., 278 A.D. 632, 102 N.Y.S.2d 381, 1951 N.Y. App. Div. LEXIS 4150 (N.Y. Ct. App. 1951).

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