Ling v. New York Central Railroad

The defendant, New York Central Railroad Company, has moved to dismiss the cross claim of defendant, Syracuse Constructors, Inc., upon the ground that such cross claim does not constitute a proper cross claim as contemplated under section 264 of the Civil Practice Act.

The plaintiff in his complaint, alleges, first, that the defendant, New York Central Railroad Company, at the instance of defendant, Syracuse Constructors, Inc., maintained a flagman at its Belle Isle crossing at all times during the performance of certain work rendered by the plaintiff’s employer. He then alleges numerous…