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CARP v. MARCUS

138 A.D.2d 775 (1988)

Lawrence H. Carp, Appellant, v. Sharon Marcus, as Administratrix of The Estate of Patricia A. Marcus, Deceased, et al., Respondents. (Action No. 1.) Lawrence H. Carp, Appellant, v. Sharon Marcus, as Administratrix of The Estate of Patricia A. Marcus, Deceased, Respondent. (Action No. 2.) Lawrence H. Carp, Appellant, v. Stanley T. Marcus, Respondent. (Action No. 3.)

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

March 3, 1988

Yesawich, Jr., J.

Plaintiff alleges that his landlord, Patricia A. Marcus (hereinafter decedent), stabbed him on July 11, 1981. In action No. 1, plaintiff sets forth assault and battery causes of action against decedent.1 Action No. 2 advances causes of action against decedent for breach of contract and breach of the warranty of habitability. Plaintiff asserts in action No. 3, inter alia, that Stanley T. Marcus repeatedly...

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