Municipal Service Real Estate Co. v. D. B. & M. Holding Corp.

The action proceeds on a breach of covenant and warranties of title and right to convey contained in a deed by which *184the defendant D. B. & M. Holding Corporation transferred to the plaintiff certain real property, which included land under water in Queens county. The National Sugar Refining Company of New Jersey was not an original party but was brought in by the defendant D. B. & M. Holding Corporation under the provisions of the Civil Practice Act permitting a defendant to bring in a codefendant who it is alleged may be liable over in case the original defendant is found liable in damages.

Th…