Legal Opinion
Prost v. City of New York
New York Supreme Court
Decided May 7, 1947PublishedCited by 5 opinions
1Opinion of the CourtHallinan, J.
Application by 347 Berry Corporation as third party defendant to dismiss the third party complaint upon the grounds: (1) that it is legally insufficient (Buies Civ. Prac., rule *198106, subd. 5); and (2) that it is barred by the three-year Statute of Limitations (Rules Civ. Prac., rule 107, subd. 6). In the. alternative the applicant seeks to dismiss the third party complaint without prejudice to the bringing of another action after the determination -of: the issues between the plaintiff and the third party plaintiff — the City of New York.'
The court is of the opinion that the cross complaint…
2Cases cited4 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
- Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
- Appel v. MullerNew York Court of Appeals · 1933
3Cited by5 opinions
- Finley v. United StatesDistrict Court, D. New Jersey · 1955
- James McWilliams Blue Line, Inc. v. Esso Standard Oil Co.District Court, S.D. New York · 1954
- Friedman v. Typhoon Air Conditioning Co.District Court, E.D. New York · 1962
- Goldner v. WienerNew York Supreme Court · 1956
- Moran Transportation Corp. v. Lehigh Valley RailroadDistrict Court, S.D. New York · 1954