Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion to dismiss the third-party complaint on the ground of insufficiency is granted, with $10 costs.
A reading of the complaint, as well as the third-party pleading, requires the conclusion that the third-party plaintiff, if liable at all, can only be held responsible as an active or primary tort-feasor. Under the circumstances a judgment over could not be sustained. (See Putvin...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
