Opinion
November 16, 1949.
Appeal from City Court of Albany.
Present — Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ. [See post, pp. 876, 1042.]
Plaintiff sued the Albany Savings Bank for commissions as a real estate broker. The bank sought to implead the third-party defendants under section 193-a of the Civil Practice Act, on the theory that they were liable over. The City Court held that it was not the legislative intent by the enactment of section 193-a of the Civil Practice Act, to confer jurisdiction upon local and inferior courts to implead third-party defendants. We are of the opinion that the court below correctly decided the issue insofar as the City Court of Albany is concerned. Order unanimously affirmed, with $10 costs and disbursements.