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FINKELSTEIN REALTY v. RUDENSKY

52 Misc.2d 1082 (1967)

Finkelstein Realty, Inc., Plaintiff, v. Abraham Rudensky et al., Individually and as Copartners, Doing Business as R & R Realty Co., et al., Defendants. Lawrence Zirinsky et al., Third-Party Plaintiffs, v. Earl H. Spero et al., Third-Party Defendants.

Supreme Court, Special Term, Queens County.

February 15, 1967

Attorney(s) appearing for the Case

Nierenberg, Glixon, Zeif & Weinstein for plaintiff. Whitehorn & Cowin (Joseph Delman of counsel), for David Yagoda, third-party defendant.

HAROLD TESSLER, J.

Plaintiff moves to examine the third-party defendants. In opposition, third-party defendant Yagoda contends examination is not proper because plaintiff has made no claim of any kind against him and because he has in his answer made no claim against plaintiff.

In Ciaffone v. Manhattantown, Inc. (20 A.D.2d 666) the Appellate Division, Second...

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