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MALLIS v. KATES

52 A.D.2d 787 (1976)

Samuel Mallis, Plaintiff, v. Jerome B. Kates et al., Defendants Jack J. Arnold, Third-Party Plaintiff-Appellant, v. Jerome B. Kates et al., Third-Party Defendant, and Bankers Trust Company, Third-Party Defendant-Respondent

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

May 11, 1976

In this action for conspiracy and malpractice commenced in December, 1972, after some interim proceedings in which the Bankers Trust Company was successful in having the complaint against it dismissed, the defendant Arnold issued a third-party complaint in December, 1973 against several of his codefendants and others, including the bank. However, the bank was the only party served. The others were not served because defendant Arnold's prior attorney became ill, which illness...

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