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B. M. C. MFG. CORP. v. TARSHIS

278 A.D. 266 (1951)

B. M. C. Manufacturing Corp., Respondent, v. Don T. Tarshis et al., Doing Business as Meldon Steel Company, Defendants and Third-Party Plaintiffs-Respondents. Artco Industrial Company, Inc., Third-Party Defendant-Appellant

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

May 9, 1951.

Attorney(s) appearing for the Case

Robert D. Stone and Morris Rosoff for third-party defendant-appellant.

Lloyd C. Anderson for plaintiff-respondent.

James B. Gitlitz for defendants and third-party plaintiffs-respondents.

FOSTER, P. J., HEFFERNAN, BREWSTER and DEYO, JJ., concur.

BERGAN, J.

Defendants, so it is pleaded, agreed to deliver steel to the plaintiff. The steel was to be supplied to the defendants by a third party under an agreement standing independently on its own terms. The third party failed to deliver the steel to defendants who in turn failed to deliver it to the plaintiff and were sued for breach of contract.

Defendants served a third-party summons and complaint...

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