FACUNDO v. PRESSMAN


233 A.D.2d 117 (1996)

649 N.Y.S.2d 133

Facundo, S. A., Plaintiff, v. Alan Pressman, Defendant and Third-Party Plaintiff-Appellant. Olimpia P. Tejera, Third-Party Defendant-Respondent

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

November 7, 1996


The IAS Court properly dismissed the third-party complaint for failure to state a cause of action (CPLR 3211 [a] [7]; Underpinning & Found. Constructors v Chase Manhattan Bank, 46 N.Y.2d 459, 462). The cause of action seeking contribution was properly dismissed since third-party plaintiff failed to establish that the third-party defendant owed him or plaintiff corporation a duty to agree to his proposed escrow arrangement. Although...

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