OTTO v. WEGNER


11 Misc.2d 499 (1958)

Theodore J. Otto, Respondent, v. John L. Wegner et al., Defendants and Third-Party Plaintiffs-Respondents. Carl Sailer et al., Third-Party Defendants-Appellants.

Supreme Court, Appellate Term, First Department.

February 27, 1958.


Attorney(s) appearing for the Case

Milton H. Ellerin for appellants.

Joseph R. Pisani for third-party plaintiffs-respondents.

HECHT, J. P., AURELIO and TILZER, JJ., concur.


Per Curiam.

Under the present statute (Civ. Prac. Act, § 193-a) impleader is permitted when the third party is liable to defendant "for all or part of the plaintiff's claim against him".

Impleader in this instance, for affirmative relief against the third-party defendant for damages independently claimed to have been sustained by the third-party plaintiff and which claim has no bearing upon the claim of the main plaintiff, should not have been...

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