Goldberg v. Lieberthal

This is a motion by a third-party defendant to dismiss the complaint of the third-party plaintiff on the ground that the same does not state facts sufficient to constitute a cause of action, and on the further ground that there is another action pending for the same relief between the third-party plaintiff and the third-party defendant in the Supreme Court, New York County, and for such further and other relief as may be just.

The action in chief was instituted by several plaintiffs for damages against one Lieberthal and Kennilworth Building Corp. (Kennilworth is not involved in the present…