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SOC OF NY HOSP v. MOGENSEN

83 Misc.2d 840 (1972)

Society of the New York Hospital, Respondent, v. Paul Mogensen, Defendant and Third-Party Plaintiff-Respondent. Jack R. Goldberg, as Commissioner of the Department of Social Services of the City of New York, Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

October 13, 1972

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum and Leonard Koerner of counsel), for appellant. Hayt, Hayt, Tolmach & Landau (Daniel Cook of counsel), for respondent. Nancy E. LeBlanc and Louise Lander for third-party plaintiff-respondent.

Concur — QUINN, P. J., LUPIANO and MARKOWITZ, JJ.

Per Curiam.

Since plaintiff failed to serve an amended complaint asserting a claim against the third-party defendant, as permitted by CPLR 1009, the latter, if liable at all, is liable only to the defendant who impleaded him, and it was, therefore, error to award judgment in favor of the plaintiff and against him (3 Carmody-Wait 2d, N.Y. Practice, § 19:96; Bozzuffi v Darrieusecq, 125 Misc. 178). This record...

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