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SMITH v. SMUCKER

198 Misc. 944 (1950)

Arlington W. Smith, Plaintiff, v. David E. Smucker et al., as Trustees in Reorganization of The Long Island Rail Road Company, et al., Defendants. David E. Smucker et al., as Trustees in Reorganization of The Long Island Rail Road Company, Third-Party Plaintiffs, v. August Posillico, Third-Party Defendant.

Supreme Court, Special Term, Nassau County.

September 25, 1950.

Attorney(s) appearing for the Case

Van Orman & Harmon for third-party defendant.

Fowler & Kendrick for plaintiff.

Richard R. Bongartz for third-party plaintiffs.

HOOLEY, J.

Motion for an order pursuant to section 193-a of the Civil Practice Act, dismissing the third-party complaint herein on the ground that it fails to state facts sufficient to constitute a cause of action and will be prejudicial to the third-party defendant.

The plaintiff, an engineer on a Long Island Rail Road train, brought this action against the railroad and August Posillico and Dominick...

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