SKLAR v. GARRETT


195 A.D.2d 454 (1993)

599 N.Y.S.2d 846

Karl Sklar et al., Plaintiffs, v. Glenn Garrett, Defendant, and Paula Moskwik, Defendant and Third-Party Plaintiff-Respondent. Alan Peseri, Third-Party Defendant-Appellant, et al., Third-Party Defendants

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

July 6, 1993


Ordered that the order is reversed, on the law, with costs, the motion for summary judgment dismissing the amended third-party complaint is granted, and the cross motion for leave to amend the amended third-party complaint is denied.

The proposed "second amended and supplemental third-party complaint" fails to state any cause of action arising from or conditioned upon the liability of the third-party plaintiff Paula Moskwik claimed by the plaintiffs Karl and Ellen...

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