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HANSEN v. CITY OF N. Y.

43 Misc.2d 1048 (1964)

Hjordis Hansen et al., Plaintiffs, v. City of New York et al., Defendants. Walbell Real Estate Corp. et al., Third-Party Plaintiffs, v. Texaco, Inc., et al., Third-Party Defendants.

Supreme Court, Special Term, Kings County.

September 9, 1964

Attorney(s) appearing for the Case

Robert Goldstein for Alvin Co., third-party defendant. Wilson, Spiegelman & Sternin for plaintiffs. Terhune, Gibbons & Mulvehill for Texaco, Inc., third-party defendant. Leo A. Larkin, Corporation Counsel, for City of New York, defendant. Emanuel Morgenbesser for defendants and third-party plaintiffs.

LOUIS B. HELLER, J.

Third-party plaintiffs, defendants in a negligence action, move for judgment dismissing for insufficiency the affirmative defense of Statute of Limitations which has been interposed by the third-party defendants in their answer to the third-party complaint (CPLR 3211, subd. [b]). The third-party complaint is grounded upon the third-party plaintiffs' alleged status as passive tort-feasors...

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