Ciaccio v. James Stewart & Co.

262 A.D. 758, 27 N.Y.S.2d 916, 1941 N.Y. App. Div. LEXIS 5772

Opinion

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.