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REIZEN v. PARDES

197 Misc. 384 (1950)

Albert Reizen, Doing Business as Inter County Painting Company, Respondent, v. Max Pardes, Doing Business as Crown Paint & Wallpaper Company, Defendant. Max Pardes, Doing Business as Crown Paint & Wallpaper Company, Third-Party Plaintiff, v. Isador Nudelman, Doing Business as Liberty Paint Supply Company, Third-Party Defendant. Isador Nudelman, Doing Business at Liberty Paint Supply Company, Third-Party Plaintiff, v. United States Gypsum Company, Third-Party Defendant, Appellant.

Supreme Court, Appellate Term, Second Department.

March 23, 1950.

Attorney(s) appearing for the Case

James Bruce and A. Hayne de Yampert for appellant.

Leon E. Borden and Hyman Stein for respondent.

STEINBRINK, RUBENSTEIN and COLDEN, JJ., concur.

Per Curiam.

The second third-party defendant having raised issues by its denial of the allegations of the main complaint, is, within the purview of section 288 of the Civil Practice Act to be deemed a "party" subject to examination before trial by plaintiff.

The order should be affirmed, with $10 costs.

Order...

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