Shass v. Abgold Realty Corp.

This appeal is from an order denying the motion of the appellant, the Brooklyn Union Gas Company, for an order dismissing, as insufficient, the demand set forth in the answer of respondent Abgold Realty Corp., wherein it is alleged that the Brooklyn Union Gas Company is or may be liable to the respondent for the claim asserted against it in the complaint. The questioned answer was served in intended compliance with section 264 of the Civil Practice Act. That section, in part, provides that “ Where the judgment may determine the ultimate rights of the parties on the same side, as between…