D'Arcangelo v. Burnett

Raymond F. Scott, the third-party defendant in action No. 2 and the defendant in action No. 3, has moved this court by two separate motions for orders pursuant to CPLR 3211, dismissing the amended third-party complaint in action No. 2 and the complaint in action No. 3 upon the ground that both pleadings fail to state facts sufficient to constitute a cause of action. Additionally, the complaint in action No. 3 is attacked upon the grounds that there is another action pending between the same parties for the same cause of action; that the action is barred by the Statute of Limitations; and that…