Thomas J. Nolan, Inc. v. Martin & William Smith, Inc.

This is a motion by the third party defendants to dismiss the third party complaint against them on the ground that this court has no jurisdiction to entertain this or any impleader.

The grounds advanced are: (1) that the Legislature did not intend to make the third party practice, as authorized by section 193-a of the Civil Practice Act, in effect September 1, 1946, applicable to courts of inferior jurisdiction; (2) that the new legislation should be strictly construed, and (3) that the third party summons, served herein; calling for an answer within five days, is jurisdictionally defective,…