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PHILAN INS. v. HALL & CO.

170 Misc.2d 729 (1996)

651 N.Y.S.2d 289

Philan Insurance Ltd. et al., Plaintiffs, v. Frank B. Hall & Co., Inc., et al., Defendants. Madison Intermediaries, Inc., Formerly Known as Frank B. Hall Re of New York, Inc., et al., Third-Party Plaintiffs, v. Arthur Milot, Third-Party Defendant.

Supreme Court, New York County.

November 19, 1996

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Madison Intermediaries, Inc., defendant and third-party plaintiff. Ohrenstein & Brown, New York City, for plaintiffs and third-party defendant.

EDWARD H. LEHNER, J.

The principal legal issue presented on the motions before me is whether a stipulation providing for dismissal "with prejudice" of claims asserted against an employee bars the prosecution of the same claims against the employer under the doctrine of respondeat superior.

Before me are motions (i) by defendant Madison Intermediaries, Inc. (Madison) for summary judgment dismissing claims...

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