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FLADERER v. NEEDLEMAN

30 A.D.2d 371 (1968)

Agnes Fladerer, Respondent, v. Hubert Needleman, Respondent Agnes Fladerer, Third-Party Plaintiff-Respondent, v. Henry B. Whitbeck, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 22, 1968.

Attorney(s) appearing for the Case

Walter L. Bellcourt for third-party defendant-appellant.

Jacob L. Wildove for Hubert Needleman, respondent.

Medwin & McMahon (Edward A. McMahon of counsel), for third-party plaintiff-respondent.

REYNOLDS, AULISI and STALEY, JR., JJ., concur with GIBSON, P. J.; HERLIHY, J. concurs in the result in an opinion.

GIBSON, P. J.

The third-party defendant appeals from so much of an order of the Supreme Court at Special Term as granted third-party plaintiff's motion to strike out the defense of the three-year Statute of Limitations (CPLR 214) interposed by third-party defendant's answer to an alleged cause of action for indemnification predicated on third-party defendant's malpractice in connection with a title examination...

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