1. Home
  2. Browse Decisions
  3. Misc.2d
  4. 25 Misc.2d
  5. 25 Misc.2d 193 (1960)
 

BOYLE v. WEGMAN

25 Misc.2d 193 (1960)

Phil Boyle et al., Plaintiffs, v. J. Bertram Wegman et al., as Trustees and Executors under the Will of Hammond E. Fisher, Deceased, Defendants and Third-Party Plaintiffs. McNaught Syndicate, Inc., Third-Party Defendant.

Supreme Court, Special Term, New York County.

April 6, 1960.

Attorney(s) appearing for the Case

Jules D. Barnett for plaintiffs.

Wegman, Epstein & Burke (J. Bertram Wegman and Myron L. Shapiro of counsel), for Chase Manhattan Bank and another, as trustees and executors under the will of Hammond E. Fisher, deceased, defendants and third-party plaintiffs.

Samuel Slaff (J. Bertram Wegman and Myron L. Shapiro of counsel), for Louis Friedenthal, as trustee and executor under the will of Hammond E. Fisher, deceased, defendant and third-party plaintiff.

Goldwater & Flynn (Monroe Goldwater, Milton Small and B. Audrey Rinzler of counsel), for McNaught Syndicate, Inc., third-party defendant.

MATTHEW M. LEVY, J.

The third-party defendant moves, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, for dismissal of the complaint-in-chief for legal insufficiency, and, as a consequence, for dismissal of the third-party complaint.

I agree with the movant that, under subdivision 2 of section 193-a of the Civil Practice Act, a third-party defendant may challenge the sufficiency...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases