Opinion
May 31, 1972
Appeal from the Onondaga Special Term.
Present — Goldman, P.J., Del Vecchio, Witmer, Gabrielli and Moule, JJ.
Order unanimously affirmed, with costs. Memorandum: Special Term properly dismissed defendant's complaint against Oliva who is plaintiff's agent. Plaintiff is chargeable with the knowledge and conduct of his agent through whom he acted ( Koslovki v. International Heater Co., 75 App. Div. 60, affd. 178 N.Y. 631). ¶ Proof of Oliva's knowledge and conduct might defeat plaintiff's claim against defendant but could not subject Oliva to third-party liability to defendant. Dole v. Dow Chem. Co. ( 30 N.Y.2d 143) is not applicable.