Portnoy v. United Engineers & Constructors, Inc.

In an action to recover damages for personal injuries, respondent, who was brought into the action as a third party defendant, pursuant to the provisions of section 193-a of the Civil Practice Act, by Christie & Leiser, Inc., a defendant named in the main action, set up in his amended answer to the third party complaint a cross claim for indemnity against appellant, also a defendant named in the main action. Appellant had asserted no claim against respondent, and moved to dismiss respondent’s cross complaint, asserting that such cross complaint could not properly be interposed pursuant to any…