Notice of Appeal 10 pursuant to Rule 106, Subdivision 4 of the Rules of Civil Practice; and the third-party defendant appeals from each and every part of said order; and, in addition, the third-party defendant appeals from the order of Mr. Justice Sidney A. Fine dated the 31st day of March 1958 and entered in the Office of the Clerk of the County of Bronx on the 31st day of March 1958, which order denied the third-party defendant's motion to direct the plaintiff to separately state and number each cause of action pursuant to Rule 90 of the 11 Rules of Civil Practice, and the said third-party defendant appeals from each and every part of said order. Dated: Brooklyn, New York April 16, 1958 Yours, etc., BERNARD HELFENSTEIN Attorney for Third-Party Defendant, Brooklyn, New York 12 To: HAMPTON & DIETEL, Esqs. Attorneys for Third-Party Plaintiff 13 Order Denying Dismissal of Third-Party Complaint Appealed From The following papers numbered 1 to 2 read on this motion submitted this 12th day of December, Notice of Motion and Pleadings Affi- Upon the foregoing papers this motion to dis- Dated December 18th 1957 16 Notice of Motion to Dismiss Third-Party Complaint SUPREME COURT County OF BRONX [SAME TITLES] SIRS : 17 PLEASE TAKE NOTICE, that upon the third-party complaint and upon all the pleadings and proceedings had herein, the undersigned will move this Court, at a Special Term, Part I, to be held at the Courthouse thereof, 161st Street and Grand Concourse, in the Borough of Bronx, City and State of New York, on the 12th day of December, 1957 at 10:00 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an order pursuant to Rule 106 of the Rules of Civil Practice and Section 193A of the Civil Prac tice Act, dismissing the third-party complaint on 18 the ground that the same fails to state a cause of action, and the same is not a proper third-party complaint, and for such other and further relief as to this Court may seem just and proper. Notice of Motion to Dismiss Third-Party Complaint 19 Dated: Brooklyn, New York November 21, 1957 Yours, etc., BERNARD HELFENSTEIN Brooklyn 1, New York To: KLONSKY & STEINMAN & HERBERT Kass, Esqs. 20 Attorneys for Plaintiff To: HAMPTON & DIETEL, Esqs. Attorneys for Third-Party Plaintiff Third-Party Complaint Read in Support of 21 Printed hereafter at pages 12 to 15, inclusive. 22 Order Denying Motion to Serve Amended Complaint Appealed From SUPREME COURT COUNTY OF BRONX SPECIAL TERM—Part I [SAME TITLES] 23 Present : Hon. SIDNEY A. FINE, Justice. The following papers numbered 1 to 7 read on this motion, submitted this 25th day of March, 1958. Papers Numbered Notice of Motion and Affidavits Annexed .... 1-5 Answering Affidavits 6-7 24 Upon the foregoing papers this motion requiring the third-party plaintiff to serve an amended complaint is denied. Dated March 31st 1958 SIDNEY A. FINE J.S.C. |