Ferguson v. Wolkin

OPINION OF THE COURT

Joseph D. Mintz, J.

Third-party defendant moves to dismiss the third-party complaint for failure to state a cause of action. Defendant/ third-party plaintiff cross-moves for summary judgment against the plaintiff. The facts for purposes of these motions are as follows: On October 30, 1982, plaintiff was injured in an automobile accident which necessitated a disability leave from her employment at Harrison Radiator. Apparently, either by request of the insurance carrier, or by request of Harrison Radiator’s medical director, and pursuant to the collective bargaining…