Can a plaintiff bring a motion to dismiss a third party complaint for legal insufficiency?

Motion to dismiss third-party complaint for legal insufficiency is denied. Since the instant application, the plaintiff has served an amended complaint, which [30 Misc.2d 756] now joins the third-party defendant as a defendant in his original action. The service of the said amended complaint even at this stage of the proceedings is timely made (Civil Practice Act, 193-a; Aprea v. City of New York, 11 Misc.2d 645, 171 N.Y.S.2d 884). The amended complaint contains charges of active and passive negligence against both defendants.