Federal Lighterage Co. v. Italia-America Shipping Corp.

Levy, J.:

The application below was by the defendant Italia-America Shipping Corporation under section 193, subdivision 2, of the Civil Practice Act for leave to implead John J. Deery Co., Inc., as an additional party defendant. The plaintiff appeals from that part of the order burdening it with the service of the supplemental pleading upon the third party, and the defendant Deery Co. from the order bringing it in as such party.

It was manifestly improper to require the plaintiff to serve *182the supplemental pleading upon the third party. The framing of such a pleading requires a familiarity, with…