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MADTES v. 809A 8TH AVE. REST., INC.

184 A.D.2d 326 (1992)

John Madtes, Respondent, v. 809a 8th Avenue Restaurant, Inc., Doing Business as Olympic Restaurant, et al., Appellants and Third-Party Plaintiffs-Appellants. 640-12th Avenue Corporation, Third-Party Defendant-Respondent

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

June 16, 1992

Our review of the traverse hearing minutes reveals Olympic was properly served with process (see, Fashion Page v Zurich Ins. Co., 50 N.Y.2d 265). The trier of fact clearly defined the issue, resolved conflicting testimony and matters of credibility and its findings are supported by the record.

We reject Olympic's contention that there was no rational basis to exonerate the...

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