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HERBERT CHARLES & CO., INC. v. JEWELCOR, INC.

84 A.D.2d 740 (1981)

Herbert Charles & Co., Inc., Plaintiff, v. Jewelcor, Incorporated, Respondent Jewelcor Incorporated, Defendant and Third-Party Plaintiff-Respondent, v. Samuel Aaron Co., Inc., Third-Party Defendant-Appellant

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

November 24, 1981

Even judging the third-party complaint by the lenient standards applicable to such a complaint, there is still no showing in the complaint of any basis — even a hypothetical basis — upon which the third-party defendant may be liable to the third-party plaintiff for all or part of the plaintiff's claim against the defendant third-party plaintiff. (See CPLR 1007; McLaughlin, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR, C1007...

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