Society of New York Hospital v. Mogensen

Since plaintiff failed to serve an amended complaint asserting a claim against the third-party defendant, as permitted by CPLR 1009, the latter, if liable at all, is liable only to the defendant who impleaded him, and it was, therefore, error to award judgment in favor of the plaintiff and against him (3 Carmody-Wait 2d, N.Y. Practice, § 19:96; Bozzuffi v Darrieusecq, 125 Misc 178). This record does not permit an amendment of the judgment so as to grant judgment against the defendant and in turn in his favor against the appellant (cf. Otis Elevator Co. v Miller, 127 Misc 421), since issues…