Kane v. Kane Ship Repair Corp.

This is a motion by the Indemnity Insurance Company of North America, a third-party defendant, sued herein as “ fourth party defendant,” for an order dismissing the third-party complaint against it pursuant to subdivision 4 of section 193-a of the Civil Practice Act, and subdivision 4 of rule 106 of the Rules of Civil Practice. Plaintiff, a passenger in a motor vehicle owned by defendant, instituted an action for personal injuries based upon the negligent operation of the automobile by her husband, an employee of defendant. Defendant, by way of a third-party complaint, impleaded as a…