Dworkin v. Spector Motor Service, Inc.

SMITH, District Judge.

What purports to be a special appearance has been entered for the third-party defendant, Wright, for the purpose of filing a motion to dismiss and pleading to the jurisdiction of the court. Three grounds for dismissal for lack of jurisdiction are set forth: (1) that it does not appear that the defendant and third-party plaintiff has made any formal motion for leave to serve *341the summons and complaint on the third-party defendant.

It appears from the file that a motion to bring in the third-party defendant was filed on October 25, 1943, and was entered by the court ex parte…