Opinion
June 18, 1959
Order so far as appealed from unanimously modified to the extent of limiting the dismissal of the third cause of action to the defendant Calarco and, as so modified, affirmed, without costs. (See Magonigle Trucking Co. v. Tambini, 302 N.Y. 617.)
Concur — Botein, P.J., Rabin, M.M. Frank, Valente and McNally, JJ.