Appellate Division of the Supreme Court of the State of New York June 21, 1965 (Frank Angelilli Construction Co. v. Sullivan & Son, Inc.)

In an action to recover damages for breach of warranty in the sale to plaintiff by the defendant of allegedly defective lime, in which the defendant served a third-party complaint on Ohio Lime Company, as third-party defendant, and said third-party defendant pleaded the defense of lack of jurisdiction over its person, the defendant, as third-party plaintiff, appeals from an order of the Supreme