Pollaro v. Bruto

As the defendant, third-party plaintiff, has adopted the procedure authorized by former section 193 of the Civil Practice Act (repealed by L. 1946, ch. 971), and has failed to conform to the requirements of section 193-a of the Civil Practice Act, it necessarily follows that the third-party order thus obtained is without statutory authority and, therefore, a nullity.

Moreover, disregarding the defective procedure and treating the amended answer as a third-party complaint, insofar as it asserts a claim against the third-party defendant, Liuzzo, we must dismiss the complaint upon the ground that…