Salzberg v. Raynay Holding Corp.

This is a motion, pursuant to subdivision 4 of section 193-a of the Civil Practice Act, made by the third party defendants to dismiss the third party complaint on the grounds of improper joinder, that the same questions of law and fact are not involved in both causes of action, and that a joint trial would result in a confusion of issues before a jury, to their prejudice.

This motion was made after issue was joined by the service of the answer of the third party defendants. I am inclined to follow the decision of Mr. Justice Hallinan, in Van Pelt v. City of New York (188 Misc. 995), that'such…