Order reversed, with $10 costs and disbursements, and motion granted, with leave to serve an amended third-party complaint within twenty days after the entry of the order hereon, if so advised.
Respondent is an active tort-feasor pursuant to section 78 of the Multiple Dwelling Law and her third-party complaint alleges no facts to establish the primary liability of the gas company but only the conclusory statement that any recovery by the plaintiff must be based upon...
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