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SHEFTMAN v. BALFOUR HOUS. CORP.

37 Misc.2d 468 (1962)

Bernard J. Sheftman, Plaintiff, v. Balfour Housing Corporation, Defendant. Balfour Housing Corporation, Defendant and Third-Party Plaintiff, v. Louis Light Corp., Third-Party Defendant. Louis Light Corp., Third-Party Defendant and Second Third-Party Plaintiff, v. Kingsway Plumbing Supply Co., Inc., Second Third-Party Defendant. Kingsway Plumbing Supply Co., Inc., Second Third-Party Defendant and Fourth-Party Plaintiff, v. John G. Kelly, Inc., Fourth-Party Defendant. John G. Kelly, Inc., Fourth-Party Defendant and Fifth-Party Plaintiff, v. Lawler Automatic Controls, Inc., Fifth-Party Defendant.

Supreme Court, Special Term, Queens County.

November 19, 1962

Attorney(s) appearing for the Case

Gair & Gair for plaintiff. John C. MacCarthy for fifth-party plaintiff. Herbert W. Aronson for Lawler Automatic Controls, Inc., fifth-party defendant.

LESTER HOLTZMAN, J.

The fifth-party defendant, by separate notice of motion, moves to dismiss the fifth-party complaint upon the grounds of (1) laches and (2) failure to state facts sufficient to constitute a cause of action.

The primary action is one to recover damages for personal injuries allegedly sustained when the water of the shower which plaintiff was then using "suddenly became scaldingly hot."

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