McHAM v. WHITNEY


143 Misc.2d 441 (1989)

Gene R. McHam, Plaintiff, v. Edward B. Whitney et al., Defendants and Third-Party Plaintiffs. Casino Mansions Company, Third-Party Defendant.

Supreme Court, New York County.

April 19, 1989


Attorney(s) appearing for the Case

Carter, Ledyard & Milburn for plaintiff and third-party defendant. Cahill, Gordon & Reindel for defendants and third-party plaintiffs.


EDWARD H. LEHNER, J.

The issue raised on this application pursuant to CPLR 3211 (a) (7) to dismiss the third-party complaint is whether a defendant accused of fraud may claim indemnity or contribution from a third party.

Defendants had sold their cooperative apartment to plaintiff who sues herein based on a claim that defendants represented "that a raise in maintenance of approximately five percent...

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