Harries v. City of New York

Motion by the third-party plaintiff to strike out several paragraphs and part of another paragraph of the third-party answer. Motion by the third-party defendant C & 0 Blaschka, Inc. (sued herein as Max Mayer & Co., Inc.) to dismiss the third-party complaint for legal insufficiency.

The action is one to recover damages for personal injuries allegedly sustained from a fall upon a sidewalk resulting from 1 ‘ wet, slippery earth and debris that had been previously dug up and excavated from the adjacent roadway and had been thrown and placed upon the said sidewalk ” through the negligence of the…