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JAEGER v. SPINA

162 Misc.2d 239 (1994)

616 N.Y.S.2d 710

Anna M. Jaeger, Plaintiff, v. Anthony M. Spina, Defendant and Third-Party Plaintiff. Henry Jaeger, as Administrator of The Estate of Adolph Jaeger, Deceased, Third-Party Defendant.

Supreme Court, Oneida County.

August 25, 1994

Attorney(s) appearing for the Case

Eugene Z. Grenz for plaintiff. Craig Niederpruem for defendant and third-party plaintiff. Carl J. Cochi for third-party defendant.

JOHN W. GROW, J.

The question presented is apparently one of first impression involving the applicability of CPLR 1008 to a third-party defendant who seeks dismissal of plaintiff's action for failure to prosecute (CPLR 3216). Section 1008 provides:

"Answer of third-party defendant; defenses "The third-party defendant shall answer the claim against him by serving copies of his answer upon...

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