Weinberg v. Wing

Motion to dismiss third-party complaint for legal insufficiency is denied. Since the instant application, the plaintiff has served an amended complaint, which *756now joins the third-party defendant as a defendant in his original action. The service of the said amended complaint even at this stage of the proceedings is timely made (Civ. Prac. Act, § 193-a; Aprea v. City of New York, 11 Misc 2d 645). The amended complaint contains charges of active and passive negligence against both defendants.

The Appellate Division of the First Department recognized in Crawford v. Blitman Constr. Corp. (1 A D 2d…