173 Misc. 773 | City of New York Municipal Court | 1939
In an action by a general contractor against the owners of a theatre upon a contract for the alteration of the theatre the defendants interpose a counterclaim based upon an alleged breach by a subcontractor. The plaintiff thereupon brought in the subcontractor as an additional party under subdivision 2 of section 193 of the Civil Practice Act, claiming that for any such breach the latter would be liable to it. After trial the jury found in favor of the plaintiff and rejected the counterclaim. The claim over against the subcontractor of necessity fails. In such circumstances, is the subcontractor entitled to costs as against the plaintiff?
In enacting subdivision 2 of section 193, to permit the determination in one action of the rights and liabilities not only of the imme
As between the plaintiff and original defendant, the verdict will of course carry interest. (Civ. Prac. Act, § 480.) Settle order.