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SANNIT v. BUFFALO WIRE WORKS CO., INC.

278 A.D. 632 (1951)

Theda Sannit, as Administratrix of The Estate of Raymond D. Sannit, Deceased, Plaintiff, v. Buffalo Wire Works Co., Inc., et al., Defendants, and Elmer J. Doyle, Doing Business as Doyle Painting Co., Defendant and Third-Party Plaintiff-Respondent. Fleisher Engineering and Construction Co., Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

January 24, 1951.

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,...

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