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Rivkind v. Fried

Aron Rivkind v. Herman Fried, and Third-Party Aron Bin-Nun, Third-Party

Rivkind v. Fried, 13 Misc. 2d 943 (N.Y. Sup. Ct. 1957)
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Court
New York Supreme Court · State Trial Courts
Decided
February 18, 1957
Judges
Levy
Citations
13 Misc. 2d 943159 N.Y.S.2d 8611957 N.Y. Misc. LEXIS 3485

Opinion of the Court — Levy

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Matthew M. Levy, J.

This is a motion by the third-party defendants to modify, as to certain specified items therein contained, a notice served by the third-party plaintiff to examine the movants before trial. While the notice to examine was served upon the plaintiff, it does not appear that service of this notice of motion to modify was made upon him.

Under section 193-a of the Civil Practice Act, the third-party defendants became parties to the action not only as to the claim asserted against them by the third-party plaintiff, but also in some respects as to the original cause of action asserted by the plaintiff against the third-party plaintiff in the latter’s status as a defendant-in-chief. Accordingly, the plaintiff is entitled to notice of the third-party defendants’ motion to vacate the third-party plaintiff’s notice of examination.

The motion is denied without prejudice, and with leave to renew upon proof of service of the motion papers upon all of the parties who have appeared in the action.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1958: 11962: 219582026peak 1962 · 2

Relies on it most ⓘ

  1. Sorrentino v. City of New York14 Misc. 2d 78 (N.Y. Sup. Ct. 1958)
  2. Argento v. Beech & Bowne Building Corp.37 Misc. 2d 513 (N.Y. Sup. Ct. 1962)
  3. Glassman v. Goldman35 Misc. 2d 429 (N.Y. Sup. Ct. 1962)

Most recent

  1. Argento v. Beech & Bowne Building Corp.37 Misc. 2d 513 (N.Y. Sup. Ct. 1962)
  2. Glassman v. Goldman35 Misc. 2d 429 (N.Y. Sup. Ct. 1962)
  3. Sorrentino v. City of New York14 Misc. 2d 78 (N.Y. Sup. Ct. 1958)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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