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MOWCZAN v. BACON

92 N.Y.2d 281 (1998)

703 N.E.2d 242

680 N.Y.S.2d 431

Carol Mowczan, as Administratrix of The Estate of Richard Mowczan, et al., Plaintiffs, v. James E. Bacon et al., Defendants, and John J. Benedetto et al., Defendants and Third-Party Plaintiffs-Appellants; Maersk Container Inc./Maersk Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided October 15, 1998.

Attorney(s) appearing for the Case

Diamond, Paino, Cardo, King & Peters, Brooklyn (Neil L. Fishman of counsel), and Mulholland, Minion & Roe, Williston, for third-party plaintiffs-appellants.

Freehill, Hogan & Mahar, New York City (Mark F. Muller of counsel), for third-party defendant-respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur.

BELLACOSA, J.

This appeal requires that the Court settle an important facet of third-party practice. The underlying main action stems from an accident that involved two tractor-trailers. Plaintiff Mowczan was a passenger in the vehicle of the primary defendants, Haven Transportation, Inc. and Benedetto, who are respectively the owner and operator of that tractor-trailer. The third-party defendant, Maersk, is...

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