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Statement Under Rule 234

1

Notice of Appeal

3

Order Denying Dismissal of Third-Party

Complaint Appealed From

5

Order Denying Motion to Serve Amended

Complaint Appealed From

8

Opinion of Mr. Justice Spector on Motion to

Dismiss Third-Party Complaint

25

Opinion of Mr. Justice Fine on Motion to

Amend Complaint

28

Stipulation Waiving Certification

29

PAPERS READ IN SUPPORT OF MOTION
TO DISMISS THIRD-PARTY COMPLAINT:

Notice of Motion

6

Third-Party Complaint

7

PAPERS READ IN SUPPORT OF MOTION REQUIRING
THIRD-PARTY PLAINTIFF TO SERVE AMENDED

COMPLAINT:

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16

Plaintiff's Complaint
Answer of Fordham Hoisting Equipment Co.

to Third-Party Complaint

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PAPER READ IN OPPOSITION TO MOTION REQUIRING THIRD-PARTY PLAINTIFF TO SERVE AMENDED

COMPLAINT:

Affidavit and Memorandum

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FORDHAM HOISTING EQUIPMENT COMPANY
and ALBERT SMITH,

Defendants.

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FORDHAM HOISTING EQUIPMENT COMPANY, INC.,

Third-party Plaintiff-Respondent,

-against

DONATO & GAGLIANO, INC.,

Third-party Defendant-Appellant.

Statement Under Rule 234 This action was instituted to recover for personal injuries sustained by the plaintiff. The com- 3 plaint is based upon the alleged negligence of the defendant, Fordham Hoisting Equipment Company, in renting a hoist, cable and bellrope in a defective and dangerous condition.

The action was commenced in the Supreme Court of the State of New York, County of Bronx, by the service of a summons and complaint on or about the 30th day of August, 1956 and issue was joined by the service of an answer on or about the 15th day of October, 1956. On or about the 27th day of October, 1956 the defendant, Fordham

Statement Under Rule 234

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Hoisting Equipment Company impleaded the third-party defendant, Donato & Gagliano, Inc., by the service of a third-party summons and complaint on the said third-party defendant.

KLONSKY & STEINMAN & HERBERT Kass, Esqs., 220 Broadway, New York, New York, appears for plaintiff.

Hampton & DIETEL, Esqs., 76 William Street, New York, New York, appears for defendant and third-party plaintiff.

BERNARD HELFENSTEIN, Esq., No. 135 Remsen Street, Brooklyn, New York, appears for thirdparty defendant.

FRED WEINBERGER, Esq., 401 Broadway, New York, New York, appears for defendant, Albert Smith.

The names of the parties are as above. There have been no change of parties or attorneys.

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FORDHAM HOISTING EQUIPMENT COMPANY
and ALBERT SMITH,

Defendants.

FORDHAM HOISTING EQUIPMENT COMPANY, INC.,

Third-party Plaintiff,

-against

Donato & GAGLIANO, INC.,

Third-party Defendant.

9

SIRS :

PLEASE TAKE NOTICE that the Third-Party Defendant, above named, hereby appeals to the Appellate Division of the Supreme Court in and for the First Judicial Department, from the order of Mr. Justice Morris Spector, dated the 18th day of December 1957 and entered in the Office of the Clerk of the County of Bronx, on the 18th day of December, 1957, which order denied said thirdparty defendant's motion to dismiss the complaint

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