Opinion
Submitted January 16, 1976
Decided February 26, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE F.X. McINERNEY, J.
Solomon M. Cheser and Leslie Kirsch for appellant.
William L. Maher and Gerald W. Jarrett for respondent.
Order reversed, with costs, the question certified answered in the negative, and the case remitted, pursuant to CPLR 5613, to the Appellate Division, Second Department, for the exercise of that court's discretion. Pleadings should be liberally construed, particularly in the case of claims over. A defendant seeking to claim over should not be obliged to anticipate what the proof will be in every detail under the pleading by the plaintiff pursued against that defendant.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.