BERGMAN v. GEORGE


202 Misc. 998 (1952)

Irving Bergman, Plaintiff, v. Peter George, Defendant and Third-Party Plaintiff. Sol Yuchtman, Third-Party Defendant.

Supreme Court, Special Term, Bronx County.

November 12, 1952.


Attorney(s) appearing for the Case

Burton N. Pugach for third-party defendant.

John J. O'Connor and Francis X. Curley for third-party plaintiff.


MATTHEW M. LEVY, J.

In this action for negligence the third-party defendant moves by separate motions to dismiss the complaint against him, and for summary judgment in his favor. If the third-party complaint were dismissable in the light of sections 193-a and 211-a of the Civil Practice Act, the motion for summary judgment under rule 113 of the Rules of Civil Practice would be unnecessary. If the third-party...

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