Hirsch v. Schiffman

Plaintiff and the third-party defendant, Johnsons Warehouses, Inc., make two motions: (1) to dismiss the third-party complaint on the ground that the same does not state facts sufficient to constitute a cause of action as a third-party complaint, and (2) to dismiss the third-party complaint on the ground that its interposition will unduly prejudice the plaintiff and will unduly delay the determination of the main action; and further, that the provisions of section 193-a of the Civil Practice Act are not available to the defendant, third-party plaintiff.

The following is a resumé of the…