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SIDERIUS INC. v. THYSSEN STEEL/LOS ANGELES, DIV. OF THYSSEN, INC.

56 A.D.2d 555 (1977)

Siderius Inc., Plaintiff, v. Thyssen Steel/Los Angeles, Division of Thyssen, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Kelly Pipe Company, Third-Party Defendant-Appellant

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

February 17, 1977

The second cause of action set forth in defendants' third-party complaint against third-party defendant does not contain issues common to all parties and certainly is not a cause of action with which "a defendant may proceed against a person not a party who is or may be liable to him for all or part of the plaintiff's claim against him" (CPLR 1007). The second cause of action bears no relation to any alleged liability from defendants-respondents to plaintiff. Although a complaint...

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