Bell v. U Haul Co., 43 A.D.2d 980 (N.Y. App. Div. 1974). · Go Syfert
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Bell v. U Haul Co., 43 A.D.2d 980 (N.Y. App. Div. 1974). Cases Citing This Book View Copy Cite
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Perry Bell, an Infant, by His Mother and Natural Guardian, Barbara Fletcher
v.
U Haul Co., Inc., and Third-Party Barbara Fletcher, Third-Party Defendant and Wayne Henderson, an Infant, by His Guardian ad Litem, John Doe, Third-Party Defendant-Respondent
Appellate Division of the Supreme Court of the State of New York.
Feb 25, 1974.
43 A.D.2d 980
Published

In a negligence action to recover damages for personal injuries, defendants and third-party plaintiffs appeal from so much of an order of the Supreme Court, Kings County, entered February 9, 1973, as granted the branch of a motion by the infant third-party defendant, Wayne Henderson, that sought dismissal- of the third-party complaint as to him. Order reversed insofar as appealed from, without costs, and said branch of the motion denied. It was error to dismiss the third-party complaint as against the infant third-party defendant pursuant to CPLR 3211 (subd. [a], par. 7). As a pleading it states a cause of action (see Foley v. D>Agostmo, 21 A D 2d 60) . Special[*981] Term should-not have looked behind the allegations of the pleading to resolve factual issues of causation, negligence and contributory negligence. Shapiro, Acting P. J., Christ, Brennan and Munder, JJ., concur; Benjamin, J., dissents and votes to affirm.