Roth v. Great Atlantic & Pacific Tea Co.

GALSTON, District Judge.

The plaintiffs, -by motion, seek an order, (1) striking ■ the third-party complaint against Samuel J. Lefrak, the third-party defendant, and (2) compelling John Tully and James Ricciardi, referred to in the moving papers as “agents of the defendant, The Great Atlantic & Pacific Tea Co., Inc.,” to testify as to their salaries.

The complaint alleges that the plaintiffs are owners of certain premises located in the County of Queens, City and State of New York; and that the defendant, The Great Atlantic & Pacific Co., Inc. (hereinafter referred to as the A & P), some time…