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GLICKSMAN v. SMITH

43 A.D.2d 544 (1973)

Samuel Glicksman, Plaintiff, v. Leo A. Smith, Defendant and Third-Party Plaintiff-Respondent. Vic Bergman, Third-Party Defendant-Appellant

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

November 27, 1973

The original third-party complaint was dismissed by judgment entered August 26, 1971, because of the then existing active-passive doctrine. After the decision in Dole v. Dow Chem. Co. (30 N.Y.2d 143) the third-party plaintiff, without leave of the court, served a second complaint based upon the identical facts initially pleaded. Since no appeal was taken from the judgment dismissing the...

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