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MARY COSGROVE, as Administratrix of the Estate of JAMES COSGROVE, Deceased, Respondent, v. CITY ICE FUEL COMPANY, INC., Defendant and Third-Party Plaintiff-Appellant. GUNITE CONSTRUCTION CORPORATION, Third-Party Defendant-Respondent.

Order unanimously reversed, with $20 costs and disbursements, and the motion denied. We are unable to say, on the pleadings, that facts may not appear at the trial which would constitute a claim over against the third-party defendant under the first and second causes of action pleaded in the third-party complaint. We think it better to allow the causes of action to stand awaiting trial. Settle order on notice.

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COSGROVE v. CITY ICE FUEL COMPANY, INC
(Oct 17, 1949)