Little Rest Twelve, Inc. v. Zajic
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered December 11, 2014, which, to the extent appealed from, granted third-party defendants’ motion to dismiss the third-party complaint with prejudice, and declined to disqualify third-party defendants as plaintiff’s counsel, unanimously modified, on the law, to make the dismissal without prejudice, and otherwise affirmed, without costs.
As discussed below, the motion to dismiss the third-party complaint was correctly granted. However, since it is based on a failure to state a cause of action, the dismissal should be without…
2Cases cited12 opinions
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- Kartiganer Associates, P. C. v. Town of New WindsorAppellate Division of the Supreme Court of the State of New York · 1985
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