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LEYDEN v. SQUARE ARCH REALTY

164 Misc.2d 769 (1995)

626 N.Y.S.2d 352

Thomas Leyden, Plaintiff, v. Square Arch Realty Corp., Defendant and Third-Party Plaintiff. A-Best Contracting Co., Inc., Third-Party Defendant.

Supreme Court, New York County.

January 19, 1995

Attorney(s) appearing for the Case

Quirk & Bakalor, P. C., New York City, for third-party defendant. O'Connor, O'Connor, Hintz & Deveney, Garden City, for defendant and third-party plaintiff. Sacks & Sacks, New York City, for plaintiff.

HELEN E. FREEDMAN, J.

Third-party defendant A-Best Contracting Co., Inc. (A-Best) moves for an order for partial summary judgment with respect to the first $1 million recovered by plaintiff against defendant/third-party plaintiff Square Arch Realty Corp. (Square Arch). Movant contends that the antisubrogation principle bars the third-party action.

In October 1987, plaintiff Thomas Leyden, an employee...

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