Harper v. Dalrymple Gravel & Contracting Company, Inc.

Egbert 0. Brisk, J.

This is a motion by the third-party defendants for an order dismissing the third-party complaints in each of the above-entitled actions on the ground that they do not state facts sufficient to constitute a cause of action against the third-party defendants.

The complaints in the principal actions allege that plaintiffs Harper and Mente were passengers in a car owned by the third-party defendant, Jones, and operated by the third-party defendant, Vanderpool, when the car went over a steep bank causing the prime plaintiffs to be injured. Their complaints allege that defendant…