Kile v. Riefler Bros. Contractors
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order insofar as appealed from reversed on the law and facts, with $10 costs and disbursements, and motion to dismiss the third-party complaint granted, with $10 costs. Memorandum: We interpret the third-party complaint as a complete disavowal of negligence on the part of the defendant and third-party plaintiff, thus eliminating any possible premise upon which the original plaintiff could obtain a judgment against the third-party plaintiff. A valid basis for a judgment against the third-party plaintiff is an essential condition to sustain a claim over under section 193-a of the Civil Practice…
2Cases cited9 opinions
- Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
- Semanchuck v. Fifth Avenue & 37th Street Corp.New York Court of Appeals · 1943
- Walters v. Rao Electrical Equipment Co.New York Court of Appeals · 1942
- Cloud v. MartinAppellate Division of the Supreme Court of the State of New York · 1947
- Middleton v. City of New YorkNew York Court of Appeals · 1950
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3Cited by23 opinions
- Resnick v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1955
- Scivetti v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1969
- Seiden v. Savings & Loan Ass'nCity of New York Municipal Court · 1958
- Burke v. Wegman's Food Markets, Inc.New York Supreme Court · 1955
- Coffey v. Flower City Carting & Excavating Co.Appellate Division of the Supreme Court of the State of New York · 1956
18 more not listed; retrieve them via the Exa API.