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LOCAL 144, HOTEL, HOSP. v. C.N.H. MGT. ASSOCIATES

No. 87 Civ. 2778 (RWS).

741 F.Supp. 415 (1990)

LOCAL 144, HOTEL, HOSPITAL, NURSING HOME AND ALLIED SERVICES UNION, SEIU, AFL-CIO, Plaintiff, v. C.N.H. MANAGEMENT ASSOCIATES, INC., Marvin Neiman, individually and as sole proprietor of Concourse Nursing Home, Defendants. Marvin NEIMAN, individually and as sole proprietor of Concourse Nursing Home, Third-Party Plaintiff, v. David AXELROD, M.D., individually and as Commissioner of the State of New York Department of Health; William J. Gormley, both individually and as Deputy Director of the State of New York Department of Health; Frank J. McKinney, and Peter Ottley, Third-Party Defendants.

United States District Court, S.D. New York.

June 1, 1990.

Attorney(s) appearing for the Case

Vladeck, Waldman, Elias & Engelhard, P.C. (Barbara J. Olshansky, of counsel), New York City, for plaintiff and third-party defendants Frank A. McKinney and Peter Ottley.

Marvin Neiman, P.C. (Gold & Wachtel, Lord Day & Lord, Barrett Smith, New York City, of counsel), for defendant Marvin Neiman.

OPINION

SWEET, District Judge.

Plaintiff, Local 144, Hotel, Hospital, Nursing Home & Allied Service Union, SEIU, AFL-CIO ("Local 144") and third-party defendants Frank A. McKinney ("McKinney") and Peter Ottley ("Ottley") (collectively, "M & O") have moved for an order dismissing defendant Marvin Neiman's ("Neiman") Third-Party Complaint and Counterclaims, upon the grounds that the Third-Party Complaint is untimely, that the second counterclaim and...

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