BORNHORST v. LYON


279 A.D. 820 (1952)

Francis J. Bornhorst, Plaintiff, v. Marie J. Lyon, as Trustee under The Will of James B. Lyon, Jr., Deceased, Defendant and Third-Party Plaintiff-Respondent. George F. P. Scovill, Doing Business under the Name of Lithrite Printing Company, Third-Party Defendant-Appellant

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

January 9, 1952.


The third-party complaint adopts as a part thereof the entire complaint in the main action wherein, on the facts there alleged, it is made to appear that the third-party plaintiff was an active wrongdoer in bringing about the plaintiff's accidental injuries. Nowhere else in the pleading, when its conclusory statements of law and fact are ignored, as is required in testing the sufficiency of its statement of fact to constitute a cause of action (Cole v. Levy, 212 App...

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