Opinion
November 21, 1949.
In an action to recover damages for personal injuries, order granting plaintiff-respondent's motion to dismiss the third-party complaint, without prejudice to the bringing of a separate action, reversed, with $10 costs and disbursements, and motion denied, without costs. In our opinion, upon the facts presented, the Special Term, in the exercise of sound discretion, should have denied the motion. Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.