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HOROCH v. STATE OF NEW YORK

286 A.D. 303 (1955)

Andrey N. Horoch, Respondent, v. State of New York, Appellant. Lachow Demolition Corporation, Proposed Additional Party-Respondent. (Claim No. 32395.)

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

July 7, 1955.

Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (Robert J. Sykes and Martin A. Crean of counsel), for appellant.

Raymond C. Green, Bernard Katzen, William H. Stieglitz and Harry Schechter for proposed additional party-respondent.

I. Sidney Worthman and Berg A. Boghassian for respondent.

FOSTER, P. J., BERGAN, COON and IMRIE, JJ., concur.

ZELLER, J.

The issue to be decided herein is whether the State of New York is entitled to bring in an additional party against whom the State may seek judgment over in the event the State is held liable in a claim pending against it in the Court of Claims.

The State of New York entered into a contract with Lachow Demolition Corporation to wreck certain buildings in the county of Bronx. The corporation...

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