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SCHOTTLAND v. BROWN HARRIS STEVENS BROOKLYN, LLC

2014-03596, Index No. 1957/11.

137 A.D.3d 997 (2016)

27 N.Y.S.3d 634

2016 NY Slip Op 01824

JOSEPH SCHOTTLAND et al., Respondents, v. BROWN HARRIS STEVENS BROOKLYN, LLC, et al., Defendants, and JENNY NETZER, Individually and as Executrix of DICK NETZER, Deceased, et al., Defendants/Third-Party Plaintiffs-Respondents. TIMOTHY M. COSTELLO, ESQ., Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 16, 2016.

Ordered that the order is reversed, on the law, with costs, and the motion of the third-party defendant pursuant to CPLR 3211 (a) to dismiss the third-party complaint is granted.

This action arises out of the sale in 2010 of a residential property located on Clinton Street in Brooklyn, by the defendants/third-party plaintiffs, Jenny Netzer and Carol R. Nezter (hereinafter together the sellers), to the plaintiffs. The deed for the property delivered to the plaintiffs...

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