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AINSPAN v. CITY OF ALBANY

132 A.D.2d 911 (1987)

Abraham Ainspan et al., Plaintiffs, v. City of Albany et al., Defendants and Third-Party Plaintiffs-Respondents. Grubb & Ellis Company et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants

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

July 30, 1987

Casey, J.

Third-party defendants Grubb & Ellis Company, G.M.R. Properties and Gulf Mortgage and Realty Investments (hereinafter third-party defendants) contend that the third-party complaint fails to state a cause of action and that, therefore, Special Term erred in denying their motion to dismiss. We conclude that although third-party practice in New York has evolved from its origins in strict indemnity and is now viewed "primarily as a tool for...

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