SADIF S. A. v. BURNHAM & CO.


37 Misc.2d 45 (1962)

Sadif S. A., Plaintiff, v. Burnham and Company et al., Defendants. Cowen & Co., Third-Party Plaintiff, v. Venture Options, Inc., et al., Third-Party Defendants.

Supreme Court, Special Term, New York County.

November 8, 1962


Attorney(s) appearing for the Case

White & Case (David Hartfield, Jr., Morton Moskin and Charles C. Humpstone of counsel), for plaintiff. Marshall, Bratter, Greene, Allison & Tucker for Burnham and Company, defendant. Proskauer Rose Goetz & Mendelsohn (Jacob Imberman and Michael A. Bamberger of counsel), for Cowen & Co., defendant.


MORRIS E. SPECTOR, J.

The plaintiff moves to dismiss the third-party complaint served by defendant Cowen & Co., or, in the alternative, to order a separate trial of the issues raised by it on the ground that the impleader will unduly delay the main action and thereby prejudice plaintiff.

The main action is by the plaintiff, holder of "put" option contracts, to recover proceeds on said contracts indorsed by the defendants. Plaintiff had purchased...

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