Bennett Excavators Corp. v. Lasker Goldman Corp.

James S. Bbowít, J.

Plaintiff moves to dismiss pursuant to subdivisions 4 and 5 of rule 109 of the Rules of Civil Practice, a claim against it by Standard Accident Insurance Co. (hereinafter called Standard) which was brought in as a party defendant to answer the counterclaim asserted by defendant Lasker-Groldman Corp. (hereinafter called Lasker) against the plaintiff and Standard.

Plaintiff’s action against Lasker is one to recover a balance due for work, labor and services performed and materials furnished. Lasker’s counterclaim against plaintiff and Standard is based on a breach by plaintiff…