Henneberger v. Herman Schwabe, Inc.

The architect, Agusta, moves to dismiss the third-party complaint which, broadly read, asserts improper supervisory activities by said architect which induced the defendant owner to wrongfully enter upon and damage the land of plaintiffs, the adjoining owners.

*987The prime complaint alleges that a subcontractor, Caracciolo Construction Company, also hired by the defendant, accompanied the defendant in the improper construction work and wrongful entry. There is thus, preliminarily, little question that the third-party plaintiff is charged with ‘ ‘ affirmative ’ ’ or “active” rather than with…