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  5. 33 N.Y.2d 792 (1973)
 

SUNSHINE v. BANKERS TRUST CO.

33 N.Y.2d 792 (1973)

Elizabeth Sunshine, Respondent, v. Bankers Trust Company, Appellant and Third-Party Plaintiff. Modern Pillow Co., Inc., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided November 15, 1973.

Attorney(s) appearing for the Case

John M. Hadlock for motion.

Charles Leeds, Nathan Silverman and Jack H. Weiner opposed to motion and for cross motion.

Motion to dismiss the appeal in part denied upon the ground that there is no appeal before this court with respect to the dismissal of the third-party complaint, without prejudice, however, to the right of respondent to urge the same contention on argument of the appeal.

Cross motion to reinstate the third-party complaint dismissed without prejudice to third-party plaintiff's right to apply to the Supreme Court for...

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