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McQUOWN v. JOHNSON

99 A.D.2d 937 (1984)

Margaret A. McQuown, Respondent, v. Daniel Johnson, Defendant; Al Krukowski et al., Appellants, and Erica Steinberger, Respondent Robert Groh et al., Third-Party Plaintiffs-Appellants, v. Erica Steinberger, Third-Party Defendant-Respondent

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

March 1, 1984

¶ Special Term's grant of Steinberger's motion to dismiss the third-party complaint of Groh and McGuire and its dismissal of Krukowski's cross claim and denial of his motion to estop Steinberger from asserting that she is not a party to the action because of Krukowski's laches and because the main action by McQuown would be delayed and Steinberger would be prejudiced since she had not fully participated in pretrial disclosure was error. ¶ The court overlooked the...

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