Focacci v. City of New York

This is a motion to dismiss the third-party complaint herein pursuant to rule 106 of the Buies of Civil Practice for the failure to state sufficient facts to constitute a cause of action against the third-party defendant.

The complaint of the plaintiff in the main action alleges that while he was employed in the course of the construction of a housing project in the Borough of Brooklyn he came into contact with a pipe or conduit and was injured by a fall. The pipe or conduit was installed by the defendant Martin Epstein Company, Inc., an electrical subcontractor. Plaintiff’s complaint charges,…