Yarish v. Dowling

In this action for damages for personal injury resulting from negligence, Vincent Yarish (plaintiff and third-party defendant) moves to dismiss the third-party summons and complaint for failure to state a cause of action.

Plaintiff, Vincent Yarish, and plaintiff, Lyda Yarish, his wife, a passenger in his automobile, commenced the instant cause of action for damages for personal injuries sustained in an inter*468•section collision with an automobile owned and operated by defendant, John Dowling, in the course of his employment with defendant, Western Union Telegraph Company (hereinafter called…