In January, 1973, plaintiffs-respondents husband and wife commenced an action for personal injuries to the latter against the owner and manager of their apartment building. A third-party action against an oil burner service, Burnside Oil Burner Services, Inc., ensued, followed in turn by a fourth-party suit against another service company, defendant-appellant Schlossberg's Atlas Boiler and Welding Company, Inc. In October, 1975, without leave and untimely under CPLR 1009...
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