Legal Opinion

Santomassino v. United States

District Court, N.D. New York

Decided November 20, 1957No. Civ. A. No. 6316PublishedCited by 1 opinion

1Opinion of the Court

BRENNAN, Chief Judge.

This motion to dismiss the third-party complaint raises the reoccurring problem *827as to the sufficiency of a third-party pleading in the matter of an attempted recovery over in a negligence action. The ■background of facts, as disclosed by the pleadings, is set out below.

The plaintiff in an action brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671-2680, seeks a money judgment compensating him for personal injuries due to the negligence of the United States or its employees.

About June 9, 1955, Theodore Stay and Sons, a partnership, hereinafter referred to…

2Cases cited6 opinions

  1. Dick v. Sunbright Steam Laundry Corp.New York Court of Appeals · 1954
  2. Harvey Miller v. The Pennsylvania Railroad Company, and Third-Party (Allen N. Spooner & Son, Inc., Third-Party Defendant-Appellee)Court of Appeals for the Second Circuit · 1956
  3. Sientki v. HaffnerDistrict Court, S.D. New York · 1956
  4. Stahlberg v. Hannifin CorporationDistrict Court, N.D. New York · 1957
  5. Putvin v. Buffalo Electric Co.Appellate Division of the Supreme Court of the State of New York · 1957

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Booth v. Manufacturers Hanover Trust Co. (In Re Cafes Internationale, Ltd.)United States Bankruptcy Court, S.D. New York · 1981

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