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KADOIC v. 1154 FIRST AVENUE TENANTS CORP.

272 A.D.2d 158 (2000)

708 N.Y.S.2d 614

BRANIMIR KADOIC, Plaintiff, v. 1154 FIRST AVENUE TENANTS CORP., Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. KB RENOVATION CORP., Third-Party Defendant-Appellant. (And Other Actions.)

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

Decided May 11, 2000.

There being no dispute on appeal that the third-party action cannot be maintained if appellant is a sole proprietorship owned by plaintiff, the motion was properly denied on the ground that an issue of fact exists as to whether appellant is a sole proprietorship or...

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