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AVIAN BATES, INC. v. STUYVESANT INS. CO.

60 A.D.2d 737 (1977)

Avian Bates, Inc., et al., Plaintiffs, v. Stuyvesant Insurance Co., Defendant and Third-Party Plaintiff-Appellant; Argonaut Insurance Co. et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant

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

December 29, 1977

Plaintiff sued on a policy of fire insurance issued by the Stuyvesant Insurance Company, the defendant and third-party plaintiff herein. By way of a "counterclaim", Stuyvesant sought to implead others, including the Argonaut Insurance Company, but Special Term dismissed the third-party complaint as to Argonaut on the ground it failed to state a cause of action against that insurer. This appeal ensued. Stuyvesant later sought to vacate its default in repleading and to discontinue...

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