Middleton v. City of New York

A majority of the court hold the view that, under the pleadings in this case, the appellant, City of New York, and the ■ third-party defendant-respondent railroad which it has impleaded, are joint tort-feasors in pari delicto, and that impleader under section 193-a of the Civil Practice Act should not be allowed. I am unable to concur in this conclusion; ■

I agree, of course, that a third-party complaint which shows on its face that the defendant and the third-party are joint tortfeasors in pari delicto mush be dismissed, in the absence of a relation between the parties to the third-party…