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ARBOUR HEIGHTS, INC. v. NORMAN

39 A.D.2d 836 (1972)

Arbour Heights, Inc., Plaintiff, v. Rudolph Norman, Defendant and Third-Party Plaintiff-Appellant. Anthony Oliva, Inc., Third-Party Defendant-Respondent

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

May 31, 1972

Order unanimously affirmed, with costs.

Memorandum:

Special Term properly dismissed defendant's complaint against Oliva who is plaintiff's agent. Plaintiff is chargeable with the knowledge and conduct of his agent through whom he acted (Koslovki v. International Heater Co., 75 App. Div. 60, affd. 178 N.Y. 631). ¶ Proof of Oliva's knowledge and conduct might defeat plaintiff's claim against defendant but could not subject Oliva to third-party liability...

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