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LAWLESS v. BD. OF EDUC.

6 A.D.2d 655 (1958)

William Lawless, Respondent, v. Board of Education, Central School District No. 1, Towns of Candor, Spencer, Caroline, Counties of Tioga and Tompkins, et al., Respondents Paul R. Van Etten, Third-Party Plaintiff-Respondent, v. Frank W. O'Connell, Inc., Third-Party Defendant-Appellant

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

December 4, 1958.

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson (Paul C. Gouldin of counsel), for third-party defendant-appellant.

Eugene C. Gerhart for William Lawless, respondent.

Kramer, Wales & Robinson (Conrad E. Stearns of counsel), for third-party plaintiff-respondent.

HERLIHY and REYNOLDS, JJ., concur with FOSTER, P. J., GIBSON, J., concurs in the result, in a separate memorandum; BERGAN, J., dissents and votes to affirm, in a memorandum.

FOSTER, P. J.

This is an appeal by a third-party defendant from an order of the Supreme Court which denied a motion to dismiss a third-party complaint upon the ground that it failed to state facts sufficient to constitute a cause of action (Rules Civ. Prac., rule 106, subd. 4).

A statement as to the relationship of the parties is necessary for an understanding of the issues involved. The defendant Board...

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