Vita Food Products, Inc. v. A. Epstein & Sons, Inc.

Order entered in the Supreme Court, New York County, on December 4, 1975, denying plaintiffs’ and second third-party defendants’ motions to dismiss the third-party complaint, modified, on the law and the facts and in the exercise of discretion, so as to dismiss the third-party complaint without prejudice, pursuant to CPLR 1010 and otherwise affirmed, without costs or disbursements. This action for damages against the defendants for breach of contract and professional malpractice of architects-engineers was commenced in July, 1972. The defendants waited until June, 1975 to serve their…