Opinion
June 21, 1965
In an action to recover damages for breach of warranty in the sale to plaintiff by the defendant of allegedly defective lime, in which the defendant served a third-party complaint on Ohio Lime Company, as third-party defendant, and said third-party defendant pleaded the defense of lack of jurisdiction over its person, the defendant, as third-party plaintiff, appeals from an order of the Supreme Court, Westchester County, entered January 8, 1965, which denied its motion to dismiss such defense pursuant to statute (CPLR 3211, subd. [b]). Order affirmed, with $10 costs and disbursements (see Feathers v. McLucas, 15 N.Y.2d 443; Singer v. Walker, 15 N.Y.2d 443). Beldock, P.J., Ughetta, Brennan, Hopkins and Benjamin, JJ., concur. [ 45 Misc.2d 171.]