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MATHIAS WENLEDER, Plaintiff, v. MARINE TRUST COMPANY OF BUFFALO et al., as Executors of RAYMOND E. WINFIELD, Deceased, Defendants and Third-Party Plaintiffs-Appellants. WALTER J. WURTZ et al., Third-Party Defendants-Respondents. ULA WENLEDER, Plaintiff,

Order modified by adding at the end thereof the following: "without prejudice to serve amended Third-Party complaints stating a good cause of action, if so advised, within ten days from the date of service of a copy of the order herein with notice of entry thereof, upon payment of the costs of the motion and of this appeal" and as so modified affirmed, with $10 costs and disbursements. All concur, except Taylor, P.J., who dissents and votes for reversal and for denial of the motion. (The order appealed from dismisses the third-party complaint by defendants against the third-party defendants Wurtz, in a negligence action.)

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WENLEDER v. MARINE TRUST COMPANY OF BUFFALO
(Jul 13, 1950)