Health-Chem Corp. v. Adler

Orders, Supreme Court, New York County (Beatrice Shainswit, J.) entered August 11, 1993, which, inter alia, granted third-party defendants’ motions to dismiss the third-party complaints for failure to state a cause of action, and denied the defendants’ cross motions to transfer the matters to another Justice, unanimously affirmed, with costs.

We agree with the IAS Court that the earlier ruling by another Justice permitting service of the third-party complaints did not constitute a determination on the sufficiency thereof since leave of the court is not required to institute a third-party…