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SCHAUER v. JOYCE

54 N.Y.2d 1 (1981)

Vivian G. Schauer, Plaintiff, v. Patrick J. Joyce et al., Defendants and Third-Party Plaintiffs-Appellants. Thomas W. Gent, Jr., et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided October 22, 1981.

Attorney(s) appearing for the Case

Hugh C. Humphreys for defendants and third-party plaintiffs-appellants.

Paul C. Gouldin for third-party defendants-respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Chief Judge COOKE.

In this case, the court must decide whether appellant, a lawyer being sued by a former client for malpractice, properly brought a third-party claim for contribution against respondent, another attorney who subsequently represented the client in the same matter. It is held that appellant's third-party claim is sufficient to withstand a motion to dismiss...

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