THORNTON v. CITY OF NEW YORK


20 Misc.2d 838 (1959)

James H. Thornton, Plaintiff, v. City of New York et al., Defendants. John Scotti & Sons, Inc., Third-Party Plaintiff, v. William L. Olshan, Third-Party Defendant.

Supreme Court, Special Term, Kings County.

October 14, 1959.


Attorney(s) appearing for the Case

Edward H. Chasin for plaintiff.

Victor J. Herwitz for third-party plaintiff.

Eugene E. Lefkowitz for third-party defendant appearing specially.


BENJAMIN BRENNER, J.

The third-party defendant, an insurance broker, moves to dismiss the complaint of the third-party plaintiff, John Scotti & Sons, Inc., an excavation contractor, for the reason that said third-party suit to recover for breach of contract is unrelated to and should not be tried together with an action to recover for personal injuries, brought against Scotti as one of five named defendants...

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