Judy Negligee, Inc. v. Portnoy

Motions numbers 38 and 52 of December 17, 1948, have been consolidated.

The motion for leave to serve an amended third party complaint is granted and the proposed amended third party complaint will stand as the pleading in the case. The third party may serve its answer to the same within six days after service upon its attorney of a copy of this order with notice of entry.

The third party defendant’s motion for summary judgment under rule 113 of the Buies of Civil Practice is considered, by consent, to be directed to the amended third party complaint. The motion is denied.

This motion for…