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HAVIARIS v. 25 BROADWAY CORP.

93 A.D.2d 789 (1983)

Douglas Haviaris et al., Plaintiffs, v. 25 Broadway Corp., Defendant 25 Broadway Realty Company, Sued Herein as 25 Broadway Corp., Third-Party Plaintiff-Respondent, v. Cushfield Maintenance Corp., Third-Party Defendant-Appellant, et al., Third-Party Defendants 25 Broadway Realty Company, Sued Herein as 25 Broadway Corp., Fourth-Party Plaintiff, v. William C. Walker & Sons, Inc., Fourth-Party Defendant

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

April 28, 1983

The delay here in serving the third-party notice of appearance and answer is not of the type which we can conclude constitutes "law office failure." (See, e.g., Eaton v Equitable Life Assur. Soc. of U. S., 56 N.Y.2d 900.) Rather, we find it to be the product of goodfaith efforts between the parties to resolve a dispute over a clause in an insurance policy, one interpretation of which would have obviated the need for the third-party...

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