Taplin v. Stevens

Order reversed on the law and facts, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: While the third-party complaints sufficiently state a cause of action for indemnity against the third-party defendant, the trial of issues relating to the liability of the third-party defendant under its contract of insurance, with the issues in the tort actions, would undoubtedly be prejudicial to the third-party defendant. (Caserta v. Beaver Constr. Corp., 197 Mise. 410; Remch v. Grabow, 193 Mise. 731.) Impleader under the circumstances here presented was improper and the…