Rooney v. S. A. Healy Co.

*733— In a negligence action, Thomas Adair Contracting Corp., a defendant and third-party plaintiff, appeals from an order of the Supreme Court, Richmond County, dated November 15, 1962, which dismissed its third-party complaint against the City of New York on the ground that it appeared on the face of such complaint that it failed to state facts sufficient to constitute a cause of action (Rules Civ. Prae., rule 106, subd. 4). Order affirmed, with $10 costs and disbursements. The main complaint seeks damages from Adair and other defendants for the death of plaintiff’s intestate which allegedly…