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SYRANG AERO CLUB, INC. v. FOREMOST INS. CO.

54 A.D.2d 1095 (1976)

Syrang Aero Club, Inc., Respondent, v. Foremost Insurance Company, Defendant and Third-Party Plaintiff-Appellant. Avemco Insurance Brokerage, Inc., Third-Party Defendant-Respondent

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

November 5, 1976

Order unanimously reversed, with costs, and motion denied.

Memorandum:

Third-party plaintiff Foremost Insurance Company (Foremost) appeals from an order dismissing its third-party complaint against Avemco Insurance Brokerage, Inc. (Avemco) on the ground that the complaint fails to state a cause of action (CPLR 3211, subd [a], par 7). Foremost correctly contends that inasmuch as the asserted ground for the motion was res judicata, and since the moving...

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