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PARKER & WAICHMAN v. NAPOLI

51 A.D.3d 558 (2008)

858 N.Y.S.2d 156

PARKER & WAICHMAN, Plaintiff, v. PAUL J. NAPOLI et al., Defendants. NAPOLI KAISER BERN & ASSOCIATES LLP, Third-Party Plaintiff-Respondent, v. JERROLD PARKER et al., Third-Party Defendants, and TRIEF & OLK, LLP, et al., Third-Party Defendants-Appellants.

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

Decided May 22, 2008.

This Court's order of May 18, 2006 (29 A.D.3d 396, lv dismissed 7 N.Y.3d 844 [2006]) held that the breach of contract claims asserted by plaintiff on behalf of clients it had referred to third-party plaintiff law firm and others (collectively NKB) in the Fen-Phen diet drug litigation could not be sustained in the absence of proof that plaintiff was a third-party beneficiary of any contract...

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