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ALLEGRETTI v. MANCUSO

33 N.Y.2d 882 (1973)

Vincent Allegretti, Appellant, v. Anthony Mancuso, Doing Business as Bay Parkway Service Station, et al., Defendants. Motor Vehicle Accident Indemnification Corporation, Respondent.

Court of Appeals of the State of New York.

Decided December 27, 1973.

Attorney(s) appearing for the Case

Barry S. Wine and Richard J. Goldman for appellant.

James F. Carroll for respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.

Order affirmed, without costs, in the following memorandum: Plaintiff's application, in his present action to recover for personal injuries, to compel MVAIC to defend the action on behalf of the defendant truck driver is held to have begun a separate special proceeding as to MVAIC. Accordingly the order of the Appellate Division affirming the denial of that application is a final order within the so-called third-party finality principle (Cohen and Karger, Powers of the New...

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