Opinion
Submitted November 16, 1973
Decided December 27, 1973
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK J. PINO, J.
Barry S. Wine and Richard J. Goldman for appellant.
James F. Carroll for respondent.
Order affirmed, without costs, in the following memorandum: Plaintiff's application, in his present action to recover for personal injuries, to compel MVAIC to defend the action on behalf of the defendant truck driver is held to have begun a separate special proceeding as to MVAIC. Accordingly the order of the Appellate Division affirming the denial of that application is a final order within the so-called third-party finality principle (Cohen and Karger, Powers of the New York Court of Appeals, rev. ed., § 45 et seq.). On consideration on the merits the order of the Appellate Division is affirmed.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.