Abrahams v. Federated Department Stores, Inc.

RAYFIEL, District Judge.

The third party defendant moved under Rule 56 of the Federal Rules of Civil *390Procedure, 28 U.S.C.A. for an order granting it judgment dismissing the third party complaint herein, or, in the alternative for judgment on the pleadings pursuant to Rule 12.

The plaintiff sued the defendant, the owner of a department store in which he purchased a pair of play shoes, for damages sustained by him for personal injuries suffered when the heel of one of the shoes fell off. The complaint states two causes of action. The first is for breach of a warranty of fitness for use and the…