Bergman v. George

In this action for negligence the third-party defendant moves by separate motions to dismiss the complaint against him, and for summary judgment in his favor. If the third-party complaint were dismissable in the light of sections 193-a and 211-a of the Civil Practice Act, the motion for summary judgment under rule 113 of the Rules of Civil Practice would be unnecessary. If the third-party complaint were sustained as a matter of pleading, then the motion for summary judgment would have to be considered on the basis of the documentary and controverting proof presented pro and con by affidavit.…