General

Sam Palmisano, Plaintiff, v. New York Central Railroad Company, Defendant and Third-Party Plaintiff-Respondent. Fred Ballard, Doing Business under the Name of Fred Ballard Construction Company, Third-Party Defendant-Appellant

276 A.D.2d 1056·New York Supreme Court, Appellate Division·1950·NY

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Opinion

Sam Palmisano, Plaintiff, v. New York Central Railroad Company, Defendant and Third-Party Plaintiff-Respondent. Fred Ballard, Doing Business under the Name of Fred Ballard Construction Company, Third-Party Defendant-Appellant. [MAJORITY] All concur. (The portion of the order appealed from denies a motion by the third-party defendant for an order precluding the third-party plaintiff from giving evidence in support of allegations in the third-party complaint as to which it failed to give particulars as demanded in notice.) Present — Taylor, P. J., MeCurn, Love, Vaughan and Kimball, JJ.