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MICHELUCCI v. BENNETT

73 Misc.2d 621 (1973)

Vincent J. Michelucci, as Administrator of The Estate of James V. Michelucci, Deceased, Plaintiff, v. Nancy A. Bennett, as Administratrix of The Estate of William Bennett, Deceased, Defendant and Third-Party Plaintiff. Jabera Carma et al., Third-Party Defendants.

Supreme Court, Special Term, Washington County.

March 23, 1973

Attorney(s) appearing for the Case

Grey & Snyder for Jabera Carma, third-party defendant. McPhillips, Fitzgerald & Meyer for defendant and third-party plaintiff. Carter, Conboy, Bardwell & Case (Clayton T. Bardwell of counsel), for Edward B. Parker, third-party defendant.

HAROLD R. SODEN, J.

This is a motion for an order to grant a third-party defendant, Jabera Carma, leave to serve an amended answer, pleading a general release as an absolute defense (CPLR 3025, subd. [b]).

Two reasons urged by defendant Carma for such relief are: (1) Carma's original attorney of record (Wein) has retired from practice, and (2) a release, given heretofore by Nancy A. Bennett, as administratrix...

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