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FED. INS. CO. v. LINUS REALTY CORP.

73 A.D.2d 586 (1979)

Federal Insurance Company, as Subrogee of Laverne, Inc., et al., Respondents, v. Linus Realty Corporation, Appellant, and Third-Party Plaintiff-Appellant. S. Axman & Son, Inc., et al., Third-Party Defendants-Respondents. (Action No. 1.) Dell Publishing Co., Inc., Respondent, v. Linus Realty Corp., Appellant, and United Display Products, Inc., et al., Respondents. (Action No. 2.) Linus Realty Corporation, Appellant, v. S. Axman & Son, Inc., et al., Respondents. (Action No. 3.)

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

December 27, 1979

The incident basic to this case occurred in August, 1974 and this action was commenced in January, 1976. In July, 1978 the action was consolidated with another, and an order made that all examinations be completed shortly thereafter. In February, 1979 defendant made the instant motion for leave to amend the answer to interpose a defense of waiver. In so moving, defendant blamed plaintiff's attorneys for delay in failing to provide it with a copy of the leases involved in...

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