Opinion
Argued October 20, 1965 Decision withheld December 1, 1965.
Decided December 1, 1966
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES A. LORETO, J.
John M. Aherne and James J. Taylor for appellant.
Emile Z. Berman, A. Harold Frost, Leonard Sheft and Paul M. Brown for third-party plaintiff-respondent.
No appearance for plaintiff-respondent.
Upon the appeal on the first question certified, appellant having stipulated that it submits to in personam jurisdiction, order affirmed, without costs. Question certified answered in the affirmative.
Upon the appeal on the second question certified, order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Taking no part: Judge KEATING.