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CITICORP RETAIL SERVS., INC. v. WELLINGTON MERCANTILE SERVS., INC.

90 A.D.2d 532 (1982)

Citicorp Retail Services, Inc., Plaintiff, v. Wellington Mercantile Services, Inc., Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. Richard S. Braddock et al., Third-Party Defendants-Appellants

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

October 25, 1982

Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, motion to dismiss granted and cross motion to amend denied, without prejudice to an application at Special Term by the third-party plaintiff for leave to serve a new third-party complaint setting forth specific factual allegations that the third-party defendants acted for personal profit or committed independently tortious acts.

The application shall be made within 30 days after...

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