Cretella v. City of New York

Defendants Ling and Fung move to dismiss the cross complaint of the defendant Malester Operating Corp. for insufficiency and upon the ground it is not interposable under section 264 of the Civil Practice Act.

The complaint contains six causes of action. The principal plaintiff alleges a cause separately against each of the three defendants and the coplaintiff alleges a derivative cause separately against each of the three defendants. A first cause of action alleged against the defendant City of New York charges negligence in that snow and ice were permitted to accumulate and to remain in a…