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SIMPSON ELEC. v. LEUCADIA, INC.

126 Misc.2d 312 (1984)

Simpson Electric Corporation, Plaintiff, v. Leucadia, Inc., Formerly Known as James Talcott, Inc., et al., Defendants. Leucadia, Inc., Third-Party Plaintiff, v. Isaac Silverman, Third-Party Defendant.

Supreme Court, Special Term, Queens County.

November 13, 1984

Attorney(s) appearing for the Case

Barr & Faeber (Thomas M. Kelleher of counsel), for plaintiff. Butler, Fitzgerald & Potter, P. C. (Andrew Sidman of counsel), for defendant.

LEON A. BEERMAN, J.

Plaintiff, Simpson Electric Corp., moves for an order dismissing the fifth and sixth counterclaims of defendant, Leucadia, Inc., upon the grounds that (a) the court lacks jurisdiction over the subject matter of the counterclaims and (b) these counterclaims may not be properly interposed in this action.

This action was commenced by Simpson with the service of a summons and complaint on May 11, 1984. On May 31, 1984, Leucadia...

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