Thornton v. City of New York

The third-party defendant, an insurance broker, moves to dismiss the complaint of the third-party plaintiff, John Scotti & Sons, Inc., an excavation contractor, for the reason that said third-party suit to recover for breach of contract is unrelated to and should not be tried together with an action to recover for personal injuries, brought against Scotti as one of five named defendants.

It is alleged in the pleading under attack that prior to the accident Scotti instructed the broker to obtain full coverage for the “ completed operations ”, which the broker agreed but failed to do.…