Legal Opinion

Horner Mack Trucks, Inc. v. Crescar Corp.

New Jersey Superior Court Appellate Division

Decided May 15, 1976PublishedCited by 2 opinions

1Opinion of the Court

Miller, J. C. C.,

Temporarily Assigned. Third-party defendant Cumberland Construction Co. moves pursuant to R. 4:8-1 for dismissal of third-party defendant’s Pennsylvania Manufacturers Insurance Co. cross-claim, this being analogous to an original third-party suit, R. 4:8-1(b).

This then becomes a motion by a third-party defendant for dismissal of the third-party complaint on the grounds that it is inappropriate to entertain this type of a claim in *601a third-party complaint. Succinctly, it may be stated that, whereas the original complaint is in contract upon a note, this third-party complaint…

2Cases cited3 opinions

  1. United States v. Joe Grasso & Son, Inc.Court of Appeals for the Fifth Circuit · 1967
  2. Music Merchants, Inc. v. Capitol Records, Inc.District Court, E.D. New York · 1957
  3. Donaldson v. United States Steel Corp.District Court, W.D. Pennsylvania · 1971

3Cited by2 opinions

  1. Grocery Haulers, Inc. v. Great Atlantic & Pacific Tea Co. (In re Great Atlantic & Pacific Tea Co.)District Court, S.D. New York · 2012
  2. HOUSING AUTH. OF THE CITY OF JERSEY CITY v. JacksonDistrict Court, D. New Jersey · 1990

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