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ELISEO v. STAN MARGOLIN ASSOCS., INC.

175 A.D.2d 682 (1991)

Mary Eliseo, as Executrix of Gerolamo Abbatiello, Deceased, Appellant-Respondent, v. Stan Margolin Associates, Inc., Respondent-Appellant

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

July 12, 1991

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court properly denied plaintiff's motion for summary judgment. The allegations in defendant's third-party complaint cannot be used as admissions against defendant, particularly where they are inconsistent with the denials in the answer (see, Kirchner v Muller, 280 N.Y. 23; Collins v Caldor of Kingston, 73...

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