SHULKIN v. DEALY


132 Misc.2d 371 (1986)

Dara Shulkin, Plaintiff, v. Francis X. Dealy, Jr., et al., Defendants and Third-Party Plaintiffs. Joel M. Miller et al., Third-Party Defendants.

Supreme Court, Special Term, New York County.

April 23, 1986


Attorney(s) appearing for the Case

Zimmer & Yaker for plaintiff. Solomon P. Glushak for defendants and third-party plaintiffs.


EVE PREMINGER, J.

Can a defendant defeat a summary judgment motion on the ground that he is only liable as a result of the actions of the third-party defendant? What law governs a liquidated damages clause in a sale of a co-op apartment? These questions are raised by plaintiff's motion for severance of the causes of action set forth in the third-party complaint and for summary judgment on plaintiff's complaint...

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