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BUTLER v. PRIMAVERA

164 A.D.2d 794 (1990)

Michael Butler et al., Plaintiffs, v. Henry Primavera et al., Defendants. Harvey Brown, Third-Party Plaintiff-Respondent, v. Sherwood A. Salvan, Third-Party Defendant-Appellant

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

August 16, 1990

On his motion for summary judgment, third-party defendant Sherwood Allen Salvan failed to meet his burden of demonstrating that defendant and third-party plaintiff Harvey Brown, a lawyer being sued by former clients for malpractice, does not have a viable claim for contribution against Salvan, who subsequently represented the client in the same matter (see, Schauer v Joyce, 54 N.Y.2d 1). Additionally, Salvan failed to provide...

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