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McCOY v. GOLDBERG

No. 89 Civ. 8151 (WCC).

883 F.Supp. 927 (1995)

Rose McCOY, Plaintiff, v. Gary M. GOLDBERG and Gary Goldberg & Company, Inc., Defendants. Gary M. GOLDBERG and Gary Goldberg & Company, Inc., Third-Party Plaintiffs, v. Stephen RUFFINO, et al., Third-Party Defendants.

United States District Court, S.D. New York.

March 31, 1995.

Attorney(s) appearing for the Case

Parker Chapin Flattau & Klimpl, New York City (Stephen G. Rinehart, of counsel), for third-party plaintiffs.

Dorsey & Whitney, New York City (James V. Parravani, Richard L. Bond, of counsel), for third-party defendants NTS-Properties IV, NTS-Properties Associates IV, NTS-Properties V and NTS-Properties Associates V.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Third-party defendants NTS Properties IV ("NTS IV"), NTS Properties Associates IV, NTS Properties V ("NTS V"), and NTS Properties Associates V (collectively, "NTS") seek dismissal pursuant to Fed.R.Civ.Pro. 12(b)(6) of those portions of the Amended Third-Party Complaint that seek contribution from NTS. For the reasons set forth below, NTS's motion is denied.

BACKGROUND

As...

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