Triglianos v. Henry Moss & Co.

Motion by the third party defendant for an order pursuant to section 193-a of the Civil Practice Act and subdivision 5 of rule 106 of the Buies of Civil Practice, vacating the *158service of the third party summons and complaint herein and dismissing the said third party complaint upon the grounds that the third party defendant is improperly impleaded, is not a necessary defendant, and that the third party complaint does not set forth facts sufficient to constitute a cause of action.

Under the present third party practice the old rule of definite and-certain liability has been changed. Impleader…