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MIRAGE REST., INC. v. MAJESTIC CHEVROLET, INC.

75 A.D.2d 808 (1980)

Mirage Rest., Inc., Appellant, v. Majestic Chevrolet, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents; Jacob M. Shapiro, Third-Party Defendant. Howard Shapiro, Doing Business as Cherry's, Third-Party Defendant-Appellant

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

May 5, 1980

Order affirmed, with $50 costs and disbursements.

Where all the parties were before the court, defendants' referring to their third-party causes of action against the third-party defendants as a counterclaim instead of a third-party complaint could be disregarded and the merits determined (cf. Bollinger v Borden, 30 A.D.2d 607). We also believe that the pleadings set forth in the counterclaims and third-party complaint against...

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