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ROSE DEVELOPMENT CORP. v. EINHORN

38 A.D.3d 638 (2007)

830 N.Y.S.2d 674

ROSE DEVELOPMENT CORP., Respondent, v. JONATHON EINHORN et al., Defendants and Third-Party Plaintiffs-Respondents. NATIONS CREDIT FINANCIAL SERVICES CORPORATION, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided March 13, 2007.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Under the particular circumstances of this case, the Supreme Court properly denied the appellant's motion to dismiss the complaint and to dismiss the third-party complaint insofar as asserted...

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