Legal Opinion
Epstein v. Empress Hotel, Inc.
New York Supreme Court
Decided September 9, 1957PublishedCited by 2 opinions
1Opinion of the CourtJohn E. Cone, J.
In this action for personal injuries, the third-party defendant moves to dismiss the third-party complaint for legal insufficiency pursuant to subdivision 4 of rule 106 of the Buies of Civil Practice.
The moving papers consist not only of the original complaint, the third-party complaint, but also the affidavit of the attorney for the third-party defendant as well as an exhibit. On motions of this character the court can only consider the pleading under attack and cannot take into its consideration any extrinsic facts.
In the original complaint the defendant is charged with active and passive…
2Cases cited3 opinions
- McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A.New York Court of Appeals · 1952
- Latham v. Father DivineNew York Court of Appeals · 1949
- Marzellav v. Carlson Hoist & Machine Co.Appellate Division of the Supreme Court of the State of New York · 1952
3Cited by2 opinions
- Silvesky v. Greyhound Corp.District Court, E.D. New York · 1959
- Gallagher v. Hill Greenhouse Construction, Inc.New York Supreme Court · 1960