Joyce Apartments, Inc. v. Weinstock

Motion by the third-party defendant to dismiss the third-party complaint upon the ground that it fails to state facts sufficient to constitute a cause of action for indemnity.

Upon a motion of this kind, consideration must be given not only to the pleading directly attacked, but also to the complaint of the plaintiff against the defendant and third-party plaintiff. (Atlas Clothing Export Corp. v. Consolidated Edison Co., 4 Misc 2d 238.) To sustain the third-party complaint facts must be alleged therein from which it may be inferred that the third-party defendant “ is or may be liable ” to the…