City of New York v. Nadel

Order unanimously modified on the law and in the exercise of discretion, without costs, to provide that it be without prejudice to a renewal of the motion for summary judgment by the plaintiff, if so advised, after issue has been joined by the third-party defendants, and, as so modified, affirmed, without costs. Subdivision 2 of section 193-a of the Civil Practice Act expressly gives the third-party defendants the right to contest and defend against the plaintiff’s claim. The answer of the third-party defendants may well assert defenses to the claim in chief and thus give them the status of…