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RAQUET v. ZANE

269 A.D.2d 876 (2000)

703 N.Y.S.2d 805

FRANK P. RAQUET et al., Plaintiffs, v. CLIFFORD A. ZANE et al., Defendants. PAMELA N. KOSS, as Administratrix of the Estate of LEONARD J. ZANE, Deceased, Third-Party Plaintiff-Respondent, v. CAROL J. BRAUN et al., Third-Party Defendants-Appellants.

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

Decided February 16, 2000.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the cross motions of third-party defendants for dismissal of the third-party action. Pamela N. Koss, as administratrix of the Estate of Leonard J. Zane (Estate), may properly maintain the third-party action seeking contribution although the main action has been tried and the Estate has not yet paid more than the proportionate share of the damages for which it was found liable...

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