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JERRICK WATERPROOFING CO., INC. v. PARK PLAZA OWNERS CORP.

251 A.D.2d 628 (1998)

676 N.Y.S.2d 490

Jerrick Waterproofing Co., Inc., Plaintiff, v. Park Plaza Owners Corp., Defendant and Third-Party Plaintiff-Appellant. New York Surety Company, Third-Party Defendant-Respondent

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

June 29, 1998

Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the cross motion is denied.

The Supreme Court improvidently exercised its discretion in granting the motion of the third-party defendant New York Surety Company (hereinafter New York Surety) to compel the defendant third-party plaintiff Park Plaza Owners Corp. (hereinafter Park Plaza) to accept service of its answer, and...

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