Opinion
March 26, 1962
In an action by plaintiff wife to recover damages for personal injuries sustained as a result of her use of a drug which defendant, the proprietor of a pharmacy, had negligently supplied instead of the one prescribed, and by her husband to recover damages for loss of services and for expenses incurred, the third-party defendant appeals as limited by his brief, from so much of an order of the Supreme Court, Suffolk County, dated November 28, 1961, as denied his motion to dismiss for insufficiency the defendant's third-party complaint against him, in which it is alleged that, as the defendant's employee, he was the one who had filled the prescription. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. No opinion. Beldock, P.J., Ughetta, Christ, Hill and Hopkins, JJ., concur.