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MORRIS, JR. v. A. M. HUNTER & SON, INC.

285 A.D. 1058 (1955)

George E. Morris, Jr., as Executor of George E. Morris, Deceased, Appellant, v. A. M. Hunter & Son, Inc., Respondent, et al., Defendant A. M. Hunter & Son, Inc., Third-Party Plaintiff-Appellant, v. W. R. Robinson, Doing Business under the Name of W. R. Robinson Company, Third-Party Defendant-Respondent

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

April 4, 1955.

Order affirmed, with costs.

No opinion.

Appeal from resettled judgment dismissed, without costs. The resettled judgment has been vacated, and there is no other order or judgment dismissing the thirty-party complaint, from which appeal might be taken.

Beldock, J., concurs in the dismissal of the appeal from the resettled judgment, but dissents as to the order and votes to reverse said order and to reinstate the verdict on the ground that...

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