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POLLARO v. BRUTO

283 A.D. 209 (1954)

Charles Pollaro, Appellant, v. James Bruto, Defendant, and Alfred Sales, Inc., Defendant and Third-Party Plaintiff-Respondent. Joseph Liuzzo, Third-Party Defendant-Appellant

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

January 13, 1954.

Attorney(s) appearing for the Case

Clarence G. Pickard for appellant.

Charles H. Price for third-party defendant-appellant.

Leonard J. Brizdle for defendant and third-party plaintiff-respondent.

Leet & Tinkham for defendant.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

Per Curiam.

As the defendant, third-party plaintiff, has adopted the procedure authorized by former section 193 of the Civil Practice Act (repealed by L. 1946, ch. 971), and has failed to conform to the requirements of section 193-a of the Civil Practice Act, it necessarily follows that the third-party order thus obtained is without statutory authority and, therefore, a nullity.

Moreover, disregarding the defective...

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