Buchanan v. Graham

Motion by third-party defendant for an order dismissing the amended third-party complaint under subdivision 4 of rule 106 of the Rules of Civil Practice is granted.

Two prior third-party complaints have been dismissed with leave to amend.

The complaint in the main action, a necessary part of our consideration on this motion to dismiss (Tripp, Guide to Motion Practice [1955--1962 Supp.], p. 63), seeks the recovery of a $2,000 down payment, plus $333.20 for expenses, from the defendant and third-party plaintiff, Sybil B. Graham. This *399complaint says: that the plaintiffs paid the defendant $2,000…