Marsh v. Standard Accident Insurance

The plaintiffs in this action by motion asked to have a counterclaim interposed by an additional defendant, George G. Josh, Inc., which is directed solely against the plaintiffs’ complaint, dismissed.

The intention of section 193, subdivision 2, of the Civil Practice Act was not to add to the burdens of the plaintiff, but to confer a privilege upon the original defendant by permitting him to frame a supplemental pleading and serve it upon the party sought to be brought in, which, if sustained, would entitle him to a judgment against the latter. (Federal Lighterage Co., Inc., v. Italia-American…