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SANTOMASSINO v. UNITED STATES

Civ. A. No. 6316.

157 F.Supp. 826 (1957)

Anthony SANTOMASSINO, Plaintiff, v. UNITED STATES of America, Defendant, Third-Party Plaintiff (Theodore STAY, Andrew Stay, Donald Stay, and Kenneth Stay, Individually and as partners d/b/a Theodore Stay & Sons, Third-Party Defendants).

United States District Court N. D. New York.

November 20, 1957.

Attorney(s) appearing for the Case

Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., Kenneth P. Ray, Asst. U. S. Atty., Syracuse, N. Y., of counsel, for the U. S.

Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., John Lawton, Syracuse, N. Y., of counsel, for third-party defendants.

BRENNAN, Chief Judge.

This motion to dismiss the third-party complaint raises the reoccurring problem as to the sufficiency of a third-party pleading in the matter of an attempted recovery over in a negligence action. The background of facts, as disclosed by the pleadings, is set out below.

The plaintiff in an action brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671-2680, seeks a money...

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