Opinion
June 27, 1967
Order entered December 20, 1966 denying the third-party defendant's motion to dismiss the third-party complaint unanimously affirmed, with $50 costs and disbursements to respondent. (See Krause v. American Guar. Liab. Ins. Co., 27 A.D.2d 353.)
Concur — Eager, J.P., Steuer, Capozzoli and Rabin, JJ.; McGivern, J., concurs under constraint of Krause v. American Guar. Liab. Ins. Co. ( 27 A.D.2d 353) case but adheres to the views expressed in the dissenting opinion therein.