WHITEMAN OSTERMAN & HANNA, LLP v. ALBANY-TROY NEUROSURGICAL ASSOCIATES, P.C.


50 A.D.3d 1305 (2008)

854 N.Y.S.2d 678

WHITEMAN OSTERMAN & HANNA, LLP, Plaintiff, v. ALBANY-TROY NEUROSURGICAL ASSOCIATES, P.C., et al., Defendants and Third-Party Plaintiffs-Appellants. JOSHUA D. POWELL et al., Third-Party Defendants-Respondents.

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

Decided April 11, 2008.


Lahtinen, J.

Plaintiff commenced the underlying action against defendants seeking payment of unpaid legal fees. Defendants brought a third-party action against, among others, Joshua D. Powell, the former CEO of the corporate defendants, and Edward Scheid Jr., a physician formerly associated with the corporate defendants. Powell and Scheid made a pre-answer motion to dismiss the third-party action, which was denied, and while that motion was pending defendants applied...

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