Novak v. Tigani

Layton, J.:

Olympic argues that the first cause of action should be dismissed for two reasons. First, it contends that it is an invalid attempt to substitute it as a party in place of Steeplechase. In Ingerman v. Bonder, 7 Terry 99, 77 A. 2d 591, it was held that a third-party plaintiff could not implead a third-party defendant upon the theory that the latter was alone liable to the original plaintiff and, thus, substitute an entirely new party in the proceeding. But this is not such a case. Third-party plaintiff here, while it denies liability to the original plaintiff, nevertheless, brings…