Goldner v. Wiener

If the contention of the third-party plaintiff is correct, there can be no recovery against her in the primary action. Hence there is no justification for the third-party complaint. In such event, the complaint in the primary action would have to be dismissed. In other words, if the primary action is based upon a defective sidewalk, without any element of special use, there can be no recovery against the defendant therein, as the responsibility for the maintenance of the sidewalk is that of the third-party defendant and not that of the defendant and third-party plaintiff. (Cf. Clifford v.…