Legal Opinion

Solomon v. Kennedy

New York Supreme Court

Decided March 27, 1963PublishedCited by 6 opinions

1Opinion of the CourtDaniel Fitzpatrick, J.

Motion by the third-party defendant State Insurance Fund, pursuant to subdivision 1 of rules 106 and 107 of the Rules of Civil Practice, to dismiss the third-party complaint on the ground that this court does not have jurisdiction of the subject matter and, pursuant to rule 54, to dismiss the third-party impleader process on the ground that the third-party plaintiffs have failed to comply with the requirements of that rule.

While the objection that a third-party plaintiff has failed to comply with the requirements of rule 54 of the Rules of Civil Practice is waived by a voluntary general…

2Cases cited5 opinions

  1. Cardinal v. State of New YorkNew York Court of Appeals · 1952
  2. Breen v. Mortgage CommissionNew York Court of Appeals · 1941
  3. Skakandy v. StateAppellate Division of the Supreme Court of the State of New York · 1948
  4. Skakandy v. State of New YorkNew York Court of Appeals · 1949
  5. Commissioners of the State Insurance Fund v. LowAppellate Division of the Supreme Court of the State of New York · 1955

3Cited by6 opinions

  1. Methodist Hospital of Brooklyn v. State Insurance FundAppellate Division of the Supreme Court of the State of New York · 1984
  2. Interstate Wrecking Co. v. Palisades Interstate Park CommissionSupreme Court of New Jersey · 1971
  3. Commissioners of State Insurance Fund v. M. Mathews & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1987
  4. Interstate Wreck. Co. v. Palisades Interstate Pk. Comm.Supreme Court of New Jersey · 1971
  5. McCorkle v. DeglNew York Supreme Court · 1973

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