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BOOKER T. SANDERS, Appellant, v. SAMSOL HOMES, INC., Defendant and Third-Party Plaintiff. MARINO FALCONE CONTRACTING CO., INC., Third-Party Defendant and Fourth-Party Plaintiff-Respondent, et al., Fourth-Party Defendants.

Order reversed, with costs payable by the defendant third-party plaintiff Samsol Homes, Inc., and the plaintiff's motion for leave to serve an amended complaint naming the third-party defendant fourth-party plaintiff Marino Falcone Contracting Co., Inc., as a direct defendant granted (see, Duffy v. Horton Mem. Hosp., 66 N.Y.2d 473; Cucuzza v. Vaccarro, 67 N.Y.2d 825, affg 109 A.D.2d 101). The plaintiff shall serve his amended complaint within 20 days after service upon him of a copy of the order to be made hereon, with notice of entry. Mangano, J.P., Gibbons, Brown and Kooper, JJ., concur.

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SANDERS v. SAMSOL HOMES, INC
(Jun 16, 1986)