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HEALTH-CHEM CORP. v. ADLER

201 A.D.2d 326 (1994)

607 N.Y.S.2d 636

Health-Chem Corporation, Respondent, v. Marvin Adler, Defendant and Third-Party Plaintiff-Appellant. Marvin M. Speiser et al., Third-Party Defendants-Respondents Health-Chem Corporation, Respondent, v. Gerald Blank, Defendant and Third-Party Plaintiff-Appellant. Marvin M. Speiser et al., Third-Party Defendants-Respondents

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

February 10, 1994

We agree with the IAS Court that the earlier ruling by another Justice permitting service of the third-party complaints did not constitute a determination on the sufficiency thereof since leave of the court is not required to institute a third-party action (CPLR 1007). Accordingly, there is no merit to defendants' contentions that the orders on appeal overruled law of the case and that the matters should have been transferred to...

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