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T.R. AMER. v. SEABOARD

116 Misc.2d 874 (1982)

T.R. America Chemicals, Inc., Plaintiff, v. Seaboard Surety Company, Defendant and Third-Party Plaintiff. Harvey Kiell et al., Third-Party Defendants.

Supreme Court, Trial Term, New York County.

July 14, 1982

Attorney(s) appearing for the Case

Daniel Fullan, third-party defendant pro se. Harvey Kiell, pro se, and Rosenthal, Curry & Hasemann for Harvey Kiell, third-party defendant. Barrett Smith Schapiro Simon & Armstrong (Jeffrey A. Mayer of counsel), for plaintiff. Hart & Hume (William Hart of counsel), for defendant and third-party plaintiff.

BENTLEY KASSAL, J.1

ISSUE

This is a motion of apparent first impression, raising a unique issue concerning application of the doctrine of "relation back" contained in CPLR 203 (subd [e]). Third-party defendant, Fullan, appearing pro se, moves to interpose an amended third-party answer to assert causes of action sounding in defamation against the plaintiff. The ...

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