Russell v. City of Troy

Appeal from an order of the County Court of Rensselaer County, entered December 19, 1978, which dismissed the third-party complaint. Inasmuch as the appellant attempted to serve the third-party complaint on persons already parties to the action, the dismissal of such complaint was required by CPLR 1007 as urged by the third-party defendants. However, in response to the motion for a dismissal, the counsel for the appellant urged that the third-party complaint be treated as a counterclaim for indemnification and thus prevent a multiplicity of actions. The County Court appears to have considered…