Day v. Eckel

Third-party defendants, Ibhotson-Bitchie, Inc. (“Ibbotson”) and Ford Motor Company (“ Ford ”), separately move for an order, pursuant to CPLB 3211, dismissing the third-party complaint for insufficiency.

Plaintiffs’ major complaint states that on August 7, 1967, at 2:00 p.m. defendant owned and operated a Ford motor vehicle, which left the highway, went through a plate glass window at 332 Kenmore Avenue, Buffalo, New York, striking infant plaintiff, Michael Day (“ Michael ”); and in paragraph 6: “ That the aforementioned collision and the resulting injuries and damages to the infant plaintiff…