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  5. 53 N.Y.2d 639 (1981)
 

ELKAN v. ARREDONDO

53 N.Y.2d 639 (1981)

Diane Elkan et al., Plaintiffs, v. Simon Arredondo et al., Defendants. Luby Volkswagen, Inc., Third-Party Plaintiff-Appellant, v. Volkswagenwerk AG., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided March 24, 1981.

Attorney(s) appearing for the Case

William F. McNulty, Harold M. Foster and Anthony J. McNulty for appellant.

Herbert Rubin, Edward L. Birnbaum and David B. Hamm for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and that of Special Term reinstated.

The summary judgment motion of third-party defendant, Volkswagenwerk, AG. (VWAG), was denied by Special Term but granted by the Appellate Division. In the main action plaintiffs Elkan sue defendant Arredondo, driver of a vehicle which collided with the Elkans' Volkswagen, Luby Volkswagen, from whom...

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