The opinion of the court was delivered by: BYERS
Motion by third-party defendant to vacate and set aside the third-party summons and complaint, served pursuant to Rule 14 of the Federal Rules, 28 U.S.C.A. following section 723c.
The plaintiff Rappa was a hatch foreman employed by the Moore-McCormack Lines, Inc., and brings this action to recover for personal injuries said to have been suffered by him on August 1, 1942, while he was on a pier held under sublease by the defendant Pittston Stevedoring Corporation, which had in turn put Moore-McCormack Lines, Inc., in sole possession of the pier and its equipment under an agreement of July 30, 1942, which reads as follows:
"Moore-McCormack Lines, Inc., 5 Broadway, New York City
"Gentlemen: Attention: Mr. B. Fury
"We wish to confirm renting you a berth for the S/S 'Del Santos' at Pier 1, Erie Basin, Brooklyn, New York. Steamer to dock tonight.
"Wharfage to be $225.00 per day.
"Gateman to be for your account.
"Lights, when used, to be charged at $1.00 per light, per night.
"Water to be 25 per ton.
"Telephone to be charged as used.
"It is understood that Steamer will dock on the North Side.
"We will also give you the use of the 27,000 square feet ...