Appellate Division of the Supreme Court of New York, 1941

Ciaccio v. James Stewart & Co.

Ciaccio v. James Stewart & Co.
Appellate Division of the Supreme Court of New York · Decided May 19, 1941
262 A.D. 758; 27 N.Y.S.2d 916; 1941 N.Y. App. Div. LEXIS 5772
Ciaccio v. James Stewart & Co.

Opinion of the Court

In an action for damages for personal injuries, the impleaded defendant appeals from an order denying its motion (a) to strike it out as a party to the action, and (b) to dismiss for insufficiency as against it the answer of the original defendant and the cross-complaint set out therein. Order reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The allegations in the cross-complaint consist merely of conjectures based upon redundant and irrelevant matter set out in the complaint. No facts are pleaded in the cross-complaint pointing to the fault or responsibility of the impleaded defendant or its employees. Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ., concur.

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