Deiters v. Glickman
Opinion of the Court
In an action to recover damages for personal injuries, the third-party plaintiffs appeal from an order of the Supreme Court, Kings County, dated November 18, 1960, which granted the third-party defendant’s motion, pursuant to rule 113 of the Rules of Civil Practice, for summary judgment and which dismissed the third-party amended complaint against it. The complaint alleges that plaintiff (Deiters) was injured when a box cart or hand truck being used by the individual defendants in connection with the unloading of certain merchandise from a motor truck for delivery to a consignee located at nearby premises, struck and toppled over upon said plaintiff, who was standing on the sidewalk. By an amended third-party complaint, said individual defendants, doing business as World Examining Works, seek as third-party plaintiffs, in the event of a judgment against them in the main action, judgment over against the third-party defendant, who is their insurer. Such judgment over is sought on the ground that, under the comprehensive liability insurance
Case-law data current through December 31, 2025. Source: CourtListener bulk data.