Rosner v. Paley

Kupferman, J. P. (dissenting).

While I agree with the dissenting opinion of my colleague, Silverman, J., I would go slightly further, H On the theory that the best defense is an offense, the third-party plaintiffs-appellants have brought the third-party defendants-respondents into this case. When those third-party defendants were counsel to the plaintiff, it was a most justifiable ploy.* ¶ As the recent article in the New York Law Journal on Motions to Disqualify Opposing Counsel by Jonathan J. Lemer, (Feb. 7,1984, p 5, col 1) points out, “gamesmanship” is involved. 1 The third-party plaintiff…