Pearlstein v. James J. McCreery & Co.

This motion presents the question of whether a third party defendant-who has been made a party to an action by the service of a summons and third party complaint by a defendant may recover costs as a matter of right against the third party plaintiff upon dismissal of the third party complaint. Plaintiff had brought an action for damages for personal injuries sustained by him alleging that the injuries resulted from the negligence of the defendant. Thereafter, the defendant, pursuant to section 193-a of the Civil Practice Act as a third party plaintiff served a summons and third party…