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Notice of Appeal 10

pursuant to Rule 106, Subdivision 4 of the Rules of Civil Practice; and the third-party defendant appeals from each and every part of said order; and, in addition, the third-party defendant appeals from the order of Mr. Justice Sidney A. Fine dated the 31st day of March 1958 and entered in the Office of the Clerk of the County of Bronx on the 31st day of March 1958, which order denied the third-party defendant's motion to direct the plaintiff to separately state and number

each cause of action pursuant to Rule 90 of the 11 Rules of Civil Practice, and the said third-party

defendant appeals from each and every part of said order.

Dated: Brooklyn, New York

April 16, 1958

Yours, etc.,

BERNARD HELFENSTEIN

Attorney for Third-Party Defendant,
Donato & Gagliano, Inc.
Office & P. O. Address
135 Remsen Street

Brooklyn, New York

12

To: HAMPTON & DIETEL, Esqs.

Attorneys for Third-Party Plaintiff
76 William Street
New York, New York

16

Notice of Motion to Dismiss

Third-Party Complaint

SUPREME COURT
OF THE STATE OF NEW YORK

County OF BRONX

[SAME TITLES]

SIRS : 17

PLEASE TAKE NOTICE, that upon the third-party complaint and upon all the pleadings and proceedings had herein, the undersigned will move this Court, at a Special Term, Part I, to be held at the Courthouse thereof, 161st Street and Grand Concourse, in the Borough of Bronx, City and State of New York, on the 12th day of December, 1957 at 10:00 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an order pursuant to Rule 106 of the Rules of Civil Practice and Section 193A of the Civil Prac

tice Act, dismissing the third-party complaint on 18 the ground that the same fails to state a cause of

action, and the same is not a proper third-party complaint, and for such other and further relief as to this Court may seem just and proper.

Notice of Motion to Dismiss

Third-Party Complaint

19

Dated: Brooklyn, New York

November 21, 1957

Yours, etc.,

BERNARD HELFENSTEIN
Attorney for Third-Party Defendant
135 Remsen Street

Brooklyn 1, New York

To: KLONSKY & STEINMAN & HERBERT Kass, Esqs. 20

Attorneys for Plaintiff
220 Broadway
New York 38, New York

To: HAMPTON & DIETEL, Esqs.

Attorneys for Third-Party Plaintiff
76 William Street
New York, New York

Third-Party Complaint Read in Support of
Motion to Dismiss Third-Party Complaint

21

Printed hereafter at pages 12 to 15, inclusive.

22

Order Denying Motion to Serve Amended

Complaint Appealed From

SUPREME COURT
OF THE STATE OF NEW YORK

COUNTY OF BRONX

SPECIAL TERM—Part I
Index Number 8055—Year 1957

[SAME TITLES]

23

Present :

Hon. SIDNEY A. FINE,

Justice.

The following papers numbered 1 to 7 read on this motion, submitted this 25th day of March, 1958.

Papers

Numbered Notice of Motion and Affidavits Annexed ....

1-5 Answering Affidavits

6-7

24

Upon the foregoing papers this motion requiring the third-party plaintiff to serve an amended complaint is denied.

Dated March 31st 1958

SIDNEY A. FINE

J.S.C.

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