Logan v. Bee Builders, Inc.

In an action to recover damages for personal injuries, order granting the motion under subdivision 5 of rule 106 of the Rules of Civil Practice to dismiss the third-party complaint, reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, without costs, with leave to third-party defendant to answer within ten days from entry of -the order hereon. The plaintiff’s complaint variously alleges acts and omissions, upon proof of some of which defendant might be primarily liable in damages and upon proof of others of which the liability might be only secondary and…