Axinn & Sons Lbr. Co., Inc. v. Long Island R. Co.

BARTELS, District Judge.

Motion by third-party defendants to dismiss the amended complaint. A similar motion to dismiss was made by The Long Island Rail Road Company (“LIRR”), which was argued and denied on October 3, 1975. Thereafter the third-party defendants were impleaded by the LIRR and they promptly proceeded to bring this motion to dismiss the complaint.

A history of this litigation may be found in Ajayem Lumber Corp. v. Penn Central Transportation Co., 487 F.2d 179 (2d Cir. 1973), opinion clarified and affirmed on rehearing, 496 F.2d 21, cert. denied, 419 U.S. 884, 95 S.Ct. 151, 42…