Napack v. Grubman

Motion to dismiss the third party complaint pursuant to subdivision 4 of section 193-a of the Civil Practice Act, is granted. The complaint of plaintiff is based upon fraud. If plaintiff establishes that the third party plaintiffs were guilty of a conspiracy to defraud by falsely representing that they were selling him newsprint, when in fact he received waste paper or newswrap, tjie third party defendants would not be liable over under the allegations of the third party complaint. In the memorandum submitted by third party plaintiffs it is said that the third party complaint states a cause…