ROMAN v. HUDSON TELEGRAPH ASSOCIATES


11 A.D.3d 346 (2004)

784 N.Y.S.2d 484

VICTOR ROMAN, Plaintiff, v. HUDSON TELEGRAPH ASSOCIATES, et al., Defendants. HUDSON TELEGRAPH ASSOCIATES, Third-Party Plaintiff-Respondent, v. GTE INTERNETWORKING INCORPORATED et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants.

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

October 21, 2004.


Subsequent to Genuity's chapter 11 discharge in bankruptcy, the parties entered into a stipulation providing, inter alia, that third-party plaintiff be relieved of the automatic stay in order to proceed with the instant third-party action only for the purposes of attempting to liquidate the claims in state court and to collect on any judgment or settlement only as against Genuity's insurer. Even without benefit of this so-ordered stipulation, a claim asserted for the sole...

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