Weisberg v. Brogan

Motion by the third-party defendant, Salter Fuel Oil Corp. (hereinafter referred to as Salter), to dismiss the complaint of the third-party plaintiff, upon the ground that it does not state facts sufficient to constitute a cause of action.

Third-party plaintiff, Brogan, is the defendant, in an action brought by a tenant in Brogan’s building. The original complaint alleges, that the defendant was negligent in maintaining an oil burner; that the oil burner exploded by reason of defendant’s failure to inspect the same and ascertain the defects therein.

Brogan’s third-party complaint alleges the…