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REGENCY SAV. BANK v. BRODSKY

221 A.D.2d 180 (1995)

633 N.Y.S.2d 38

Regency Savings Bank, Plaintiff, v. Norman Brodsky, Defendant and Third-Party Plaintiff, et al., Third-Party Defendants Mintz & Fraade, P. C., Formerly Known as Mintz, Fraade & Zeiger, et al., Third-Party Defendants and Fourth-Party Plaintiffs-Respondents, v. Harvey Haber, Fourth-Party Defendant-Appellant, et al., Fourth-Party Defendants Regency Savings Bank, Plaintiff, v. Norman Brodsky, Defendant and Third-Party Plaintiff, et al., Third-Party Defendants Mintz & Fraade, P. C., Formerly Known as Mintz, Fraade & Zeiger, et al., Third-Party Defendants and Fourth-Party Plaintiffs-Respondents, v. Norman Leben, Fourth-Party Defendant-Appellant, et al., Fourth-Party Defendants

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

November 9, 1995

While the fourth-party plaintiffs may not seek indemnification for the fraud, misrepresentation, and failure to exercise due diligence alleged in the third-party complaint (Glaser v Fortunoff of Westbury Corp., 71 N.Y.2d 643, 646-647), we sustain the fourth-party complaint as against appellants since the fifth and sixth causes of action thereof, liberally construed, are sufficient to state causes of action for contribution (see...

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