De Luca v. Itek Corp.

In a negligence action to recover damages for personal injuries, the third-party defendant Butterick Fashion Marketing Co. appeals from an order of the Supreme Court, Kings County, dated April 8, 1977, which denied its motion to dismiss the third-party complaint on the ground that it fails to state a cause of action. Order reversed, with $50 costs and disbursements, and motion to dismiss granted, without prejudice to the service of an amended third-party complaint. Respondent’s time to serve an amended third-party complaint is extended until 20 days after service upon it of a copy of the…