Opinion
November 4, 1959
Order so far as appealed from unanimously affirmed, without costs. As we construe the third-party complaint the third-party plaintiff could be found guilty merely of secondary negligence whereas the third-party defendant could be found guilty of primary negligence. In the circumstances the third-party complaint should not be dismissed.
Concur — Breitel, J.P., Rabin, M.M. Frank, McNally and Stevens, JJ.