Rivkind v. Fried

This is a motion by the third-party defendants to modify, as to certain specified items therein contained, a notice served by the third-party plaintiff to examine the movants before trial. While the notice to examine was served upon the plaintiff, it does not appear that service of this notice of motion to modify was made upon him.

Under section 193-a of the Civil Practice Act, the third-party defendants became parties to the action not only as to the claim asserted against them by the third-party plaintiff, but also in some respects as to the original cause of action asserted by the plaintiff…