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LONDINO STONE CO., INC. v. A&T IRON WORKS, INC.

248 A.D.2d 317 (1998)

670 N.Y.S.2d 479

Londino Stone Co., Inc., Appellant, v. A&T Iron Works, Inc., et al., Respondents, et al., Counterclaim Defendant

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

March 31, 1998

Joinder of the proposed new counterclaim defendant is warranted by the relation back doctrine of CPLR 203 (b) and (f) (see, Buran v Coupal, 87 N.Y.2d 173, 177-182). Unity of interest between plaintiff and the proposed new party is demonstrated by plaintiff's president's admission at his deposition that he is the owner of both plaintiff and the proposed new party, and that he received...

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