Lewis H. May Co. v. Mott Avenue Corp.
New York Supreme Court
Application by the defendant made under section 193 of the Civil Practice Act to bring in a third party as a defendant.
1Opinion of the CourtCropsey, J.
This motion involves the construction of section 193 of the Civil Practice Act. This section had no forerunner in the Code of Civil Procedure. Even before the amendment of 1922 it did not contain any provision under which the relief sought could possibly have been granted. The question is whether that amendment is broad enough to include the situation here presented. The amendment provided “ where one of the parties to an action claims that a person not a party thereto is or will be liable wholly or in part for the claim made against him in the action, the court on application of such party…
2Cases cited12 opinions
- Phœnix Bridge Co. v. CreemAppellate Division of the Supreme Court of the State of New York · 1905
- Phoenix Bridge Company v. . CreemNew York Court of Appeals · 1906
- Fedden v. Brooklyn Eastern District TerminalAppellate Division of the Supreme Court of the State of New York · 1923
- In Re the Estate of ThurberNew York Court of Appeals · 1900
- Gittleman v. . FeltmanNew York Court of Appeals · 1908
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3Cited by10 opinions
- Kromback v. KillianAppellate Division of the Supreme Court of the State of New York · 1925
- Hailfinger v. MeyerAppellate Division of the Supreme Court of the State of New York · 1925
- Zauderer v. Market Street Long Beach Realty Corp.New York Supreme Court · 1926
- Franklin E. Tyrell, Inc. v. VahlsingNew York Supreme Court · 1947
- Salzberg v. Raynay Holding Corp.City of New York Municipal Court · 1947
5 more not listed; retrieve them via the Exa API.