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AMERICAN EXP. TRAVEL RELATED SERVICES v. MARCO

83 Civ. 5731(MEL).

611 F.Supp. 938 (1985)

AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., Plaintiff, v. Max MARCO and Demarco Cal Fabrics 570 7th Ave., New York, N.Y. 10018 Acct # 3782 629041 21001, Defendants. Max MARCO and Demarco Cal Fabrics 570 7th Ave., New York, N.Y. 10018 Acct # 3782 629041 21001, Third-Party Plaintiffs, v. BRITISH AIRWAYS, Third-Party Defendants.

United States District Court, S.D. New York.

June 27, 1985.

Attorney(s) appearing for the Case

Lester A. Lazarus, P.C., New York City, for defendants and third-party plaintiffs; Harlan M. Lazarus, Wayne M. Albinder, New York City, of counsel.

Condon & Forsyth, New York City, for third-party defendant; Stephen J. Fearon, Wendy A. Grossman, New York City, of counsel.

LASKER, District Judge.

Third-party defendant British Airways moves pursuant to Rules 12(b) and 56 of the Federal Rules of Civil Procedure, to dismiss the third party action. Max Marco and DeMarco Cal Fabrics, third-party plaintiffs (hereinafter collectively referred to as "Marco") oppose the motion on the ground that material facts remain at issue for trial. For the reasons set forth below, the motion is granted in part and denied in part.

I.

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