Kinney v. 1809 Forest Ave. Inc.

In this consolidated 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.

Plaintiffs in these actions sued the third-party plaintiff, the owner and operator of a bar and grill, for damages incurred as a result of a shooting incident which occurred at the defendant’s place of business. The complaints of the plaintiffs in substance set forth that the plaintiffs were patrons of the defendant’s bar when another patron (one Gerard K. Emery) suddenly and without…