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STATE v. P'SHIP

239 A.D.2d 735 (1997)

657 N.Y.S.2d 830

State of New York, Appellant, v. Gruzen Partnership, Respondent, et al., Defendant. (And Two Third-Party Actions.)

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

May 15, 1997

Crew III, J.

In January 1981, plaintiff entered into a contract with defendant Gruzen Partnership to provide design services in connection with the construction of a State correctional facility. Thereafter, in 1991, plaintiff commenced this action against Gruzen for breach of contract. In so doing, however, plaintiff neglected to name and serve Gruzen's individual partners as party defendants. Accordingly, in January 1994, plaintiff moved to, inter...

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