Opinion
March 25, 1975
Order of the Appellate Term of the Supreme Court, First Department, entered on October 21, 1974, affirmed. Plaintiff-respondent and third-party defendant-respondent shall recover of appellant one bill of $60 costs and disbursements of this appeal.
Concur — Kupferman, J.P., Tilzer, Lane and Nunez, JJ.; Murphy, J., dissents in the following memorandum: I would reverse the order of affirmance and dismiss the complaint on the dissenting opinion of Mr. Justice Quinn at the Appellate Term.