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ANDRIAS v. NAT SUR. CORP

98 Misc.2d 292 (1978)

Richard T. Andrias et al., Respondents, v. National Surety Corporation, Appellant and Third-Party Plaintiff-Appellant. April Industries, Inc., Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

November 14, 1978

Attorney(s) appearing for the Case

Wilbur G. Silverman for appellants. Davis & Davis (Harold Davis of counsel), for respondents.

Concur: RICCOBONO, J. P., HUGHES and TIERNEY, JJ.

Per Curiam.

Order entered June 8, 1978 (L. COHEN, J.), affirmed with $10 costs for the reasons stated by L. COHEN, J., at Special Term.

We agree with Special Term that the United States District Court, in its order of May 11, 1976 concluded that the subject attachment was improper. Beyond the absurdities which, the District Court observed would result under the CPLR from permitting the third-party defendant...

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