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TUNG FA TU v. BARN TRAILER SERV., INC.

196 A.D.2d 811 (1993)

602 N.Y.S.2d 558

Tung Fa Tu, Plaintiff, v. Barn Trailer Service, Inc., et al., Defendants and Third-Party Plaintiffs-Appellants. Malerba's Silver City Tire Company, Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

September 13, 1993

Ordered that the order is reversed, on the law, with one bill of costs payable to the appellants appearing separately and filing separate briefs, the motion is denied, and the third-party complaints are reinstated.

Having failed to make an appropriate preanswer motion, or raise the issue in its answers to the third-party complaints, Malerba's Silver City Tire Company has waived its claim that there was no jurisdiction under...

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