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  5. 69 A.D.2d 725 (1979)
 

COHEN AGENCY v. PERLMAN AGENCY

69 A.D.2d 725 (1979)

George Cohen Agency, Inc., Plaintiff, v. Donald S. Perlman Agency, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents; Continental Casualty Company, Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

August 13, 1979

Attorney(s) appearing for the Case

Rivkin, Leff & Sherman (James A. Gallagher, Jr., and William M. Savino of counsel), for appellant.

Stroock & Stroock & Lavan (Joseph L. Forstadt and William J. Robbins of counsel), for respondents.

HOPKINS, J. P., MARGETT and MANGANO, JJ., concur.

TITONE, J.

The primary question presented in this matter is bifurcated, namely, (1) whether the defendants, under the circumstances, may assert a third-party claim under CPLR 1007 against a third-party defendant, in excess of the sum demanded by plaintiff in the complaint; and (2) assuming such a third-party claim must be dismissed, may it be asserted in an independent action and then consolidated for trial with...

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