CHASE NAT. BANK v. BATTAT


277 A.D. 49 (1950)

Chase National Bank of the City of New York, Respondent, v. Ezra R. Battat et al., Individually and as Copartners Doing Business under the Name of Arbeedee Trading Company, Defendants, and Caracanda Bros. & Co. Ltd., Defendant and Third-Party Plaintiff-Respondent Ezra R. Battat et al., Individually and as Copartners Doing Business under the Name of Arbeedee Trading Company, Third-Party Defendants-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 6, 1950.


Attorney(s) appearing for the Case

Mortimer Brenner of counsel (Bernard K. Rothenberg with him on the brief; Lehman, Goldmark & Rohrlich, attorneys), for third-party defendants-appellants.

Jacob Schutz for defendant and third-party plaintiff-respondent.

A. Donald MacKinnon of counsel (Milbank, Tweed, Hope & Hadley, attorneys) for respondent.

PECK, P. J., GLENNON, COHN and CALLAHAN, JJ., concur; SHIENTAG, J., dissents and votes to affirm.


Per Curiam.

Section 193-a of the Civil Practice Act, under which the third-party defendant was impleaded in this action, provides that a defendant may bring in a person not a party to the action, who is or may be liable to him for all or part of plaintiff's claim. The claim against such person must be related to the main action by a question of law or fact common to both controversies.

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