LAZAROW v. CASTLE CORP.


63 A.D.2d 277 (1978)

Lazarow, Rettig & Sundel, Plaintiff, v. Castle Capital Corporation et al., Defendants Castle Capital Corporation, Defendant and Third-Party Plaintiff-Respondent, v. Pioneer Petroleum, Inc., et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants. (And Another Action.) Lazarow, Rettig & Sundel, Plaintiff, v. Castle Capital Corporation et al., Defendants Castle Capital Corporation, Defendant and Third-Party Plaintiff-Appellant-Respondent, v. Pioneer Petroleum, Inc. et al., Third-Party Defendants-Respondents-Appellants, and Frontier Corporation et al., Third-Party Defendants-Respondents. (And Another Action.)

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

July 20, 1978


Attorney(s) appearing for the Case

Paul J. Bschorr of counsel (Edward J. M. Little and Margaret Murphy with him on the briefs; White & Case and Carl D. Liggio, attorneys), for Arthur Young & Company, third-party defendant-appellant.

Jonathan J. Fink of counsel (Robert M. Blum with him on the briefs; Danziger, Bangser & Klipstein, attorneys), for Pioneer Petroleum, Inc., and another, third-party defendants-appellants.

Jacques L. Debrot of counsel (Joseph H. Einstein and Steven Mallis with him on the brief; Aranow Brodsky Bohlinger Benetar & Einhorn, attorneys), for Castle Capital Corporation, defendant and third-party plaintiff-respondent.

Joseph H. Einstein of counsel (George Berlstein, Jacques L. Debrot, Terence L. Blackburn and John D. Caplan with him on the briefs; Aranow Brodsky Bohlinger Benetar & Einhorn, attorneys), for Castle Capital Corporation, defendant and third-party plaintiff-appellant-respondent.

Paul J. Bschorr of counsel (Edward J. M. Little and Margaret Murphy with him on the briefs; White & Case and Carl D. Liggio, attorneys), for Arthur Young & Company, third-party defendant-respondent-appellant and James L. Houghton, third-party defendant-respondent.

Robert M. Blum of counsel (Judy A. Bluestein and Jonathan J. Fink with him on the brief; Danziger, Bangser & Klipstein, attorneys), for Pioneer Petroleum, Inc. and another, third-party defendants-respondents-appellants, and for Frontier Corporation and another, third-party defendants-respondents.

John S. Martin, Jr., of counsel (Martin, Obermaier & Morvillo, attorneys), for Fidelity Bank, N.A., and another, third-party defendants-respondents.

MURPHY, P. J., KUPFERMAN, EVANS and SULLIVAN, JJ., concur.


BIRNS, J.

Castle Capital Corporation appeals from an order of the Supreme Court, New York County (KORN, J.), entered December 28, 1977 as follows:

1. From the first decretal paragraph dismissing the third-party action against third-party defendants Fidelity Bank, N.A. and estate of Grady D. Harris, Jr., on the ground of lack of jurisdiction;

2. From the second decretal paragraph dismissing the...

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