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VITA FOOD PRODS., INC. v. A. EPSTEIN & SONS, INC.

52 A.D.2d 522 (1976)

Vita Food Products, Inc., et al., Appellants, v. A. Epstein & Sons, Inc., et al., Respondents, et al., Defendants A. Epstein & Sons, Inc., et al., Third-Party Plaintiffs, v. Sherry 49th Street Construction Corp. et al., Third-Party Defendants A. Epstein & Sons, Inc., et al., Second Third-Party Plaintiffs-Respondents, v. City of New York et al., Second Third-Party Defendants-Appellants, et al., Second Third-Party Defendant

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

April 1, 1976

This action for damages against the defendants for breach of contract and professional malpractice of architects-engineers was commenced in July, 1972. The defendants waited until June, 1975 to serve their third-party complaint. At best, the impleader complaint involves only a few of the multifold issues pending in the main action. It would be unfair to involve the third-party defendants in all the main action issues, most of which are extraneous to them. We find no justification...

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