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WEINSTEIN v. CORWIN

239 A.D.2d 261 (1997)

657 N.Y.S.2d 679

Lee Weinstein, Respondent, v. Christopher Corwin, Appellant, et al., Defendants

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

May 20, 1997

It appears that plaintiff Weinstein, originally a defendant in this action, was initially represented by the attorneys for his insurance carrier who interposed an answer but no counterclaim on his behalf. Thereafter, he retained other counsel who interposed the instant "Verified Counterclaim and Third-Party Complaint." Thus, appellant's belated reliance upon CPLR 3011 is unpersuasive in light of his retention of and failure to object...

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