COHEN AGENCY v. PERLMAN


51 N.Y.2d 358 (1980)

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.

Court of Appeals of the State of New York.

Decided November 25, 1980.


Attorney(s) appearing for the Case

James A. Gallagher, Jr., and Robert A. Faller for third-party defendant-appellant.

Joseph L. Forstadt and William J. Robbins for defendants and third-party plaintiffs-respondents.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


JASEN, J.

The significant issues on this appeal are whether CPLR 1007 permits a third-party plaintiff to seek damages in excess of the amount demanded by plaintiff in the main action and whether a third-party claim is maintainable in the face of a simultaneous contention that the third-party plaintiff is completely free from liability to the plaintiff in the main action.

This matter arises out of the...

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