Central Budget Corp. v. Perdigon — 32 Misc. 2d 655

Majority

p. 655

Central Budget Corp., Plaintiff, v. Jaime Perdigon et al., Defendants and Third-Party Plaintiffs-Respondents. Leo’s Auto Sales Corp., Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, First Department,

February 2, 1961.

Eugene Broohs for appellant. Moses C. Weinman for respondents.

The purchasers of a used car, being; sued by a finance company for the balance due on a conditional sales contract, served a third-party complaint on the dealer who sold the car and assigned the sales contract to the plaintiff. The matters set forth in such third-party complaint would, if established, either negate any liability of the third-party plaintiffs to the original plaintiff or present grounds for an independent action against the third-party defendant without showing any liability of such party for any part of the claim set forth in the original action. Under such circumstances, the third-party complaint fails to meet the requirements of section 193-a of the Civil Practice Act (see 2 Carmody-Wait, New York Practice, p. 607) and should have been dismissed.

p. 656

The order should be reversed, with $10 costs, and motion granted.

Concur — Hecht, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.