Ingraldi v. Chazen

Motion by the third-party defendant to dismiss the third-party complaint for legal insufficiency (Rules Civ. Prac., rule 106, subd. 4).

*978The plaintiff alleges in his complaint that while he was at the premises of his employer, the third-party defendant, in the course of such employment, he was injured by the defendant, his agents, servants and/or employees when they delivered to Ms employer scrap metal in a truck which they operated and controlled. More specifically plaintiff charges that in the course of such delivery ‘ ‘ the defendant, by his agents, servants and/or employees, were so…