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Sunshine v. Bankers Trust Co.

33 N.Y.2d 792 Court N.Y. Decision date 1973-11-15 English

Contents

Majority

p. 792
Elizabeth Sunshine, Respondent, v. Bankers Trust Company, Appellant and Third-Party Plaintiff. Modern Pillow Co., Inc., Third-Party Defendant.
Submitted October 29, 1973;
decided November 15, 1973.
p. 793
John M. Radical* for motion.
Charles Leeds, Nathcm Silverman and Jack H. Weiner opposed to motion and for cross motion.

Motion to dismiss the appeal in part denied upon the ground that there is no appeal before this court with respect to the dismissal of the third-party complaint, without prejudice, however, to the right of respondent to urge the same contention on argument of the appeal.

Cross motion to reinstate the third-party complaint dismissed without prejudice to third-party plaintiff’s right to apply to the Supreme Court for that relief.