Falcone v. City of New York

MOSCOWITZ, District Judge.

This is a motion made by Williams-Bauer Corporation, third-party defendant, for an order vacating and setting aside an order made by one of the Judges of this Court, dated August 6, 1941, and setting aside and dismissing the supplemental summons obtained by the City of New York, and dismissing the cross-complaint of the City of New York, on the following grounds:

“1. That prior to the granting of the said order of August 6, 1941, herein, this action had been previously abandoned by the plaintiff herein, Samuel Falcone, and by the defendant herein, City of New York.

“2.…