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LOGAN v. BEE BUILDERS, INC.

277 A.D. 1040 (1950)

Walter Logan, Respondent, v. Bee Builders, Inc., Defendant and Third-Party Plaintiff-Appellant. Rosen & Pirozzi, Inc., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 6, 1950.

The plaintiff's complaint variously alleges acts and omissions, upon proof of some of which defendant might be primarily liable in damages and upon proof of others of which the liability might be only secondary and imposed by law without regard to breach of duty. Under such situation the third-party complaint should not be held insufficient at this stage. (Forman v. Udell, 267 App. Div. 823.) The second cause of action set forth in the third-party complaint includes...

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