Order entered on October 2, 1962, denying motion to dismiss third-party complaint unanimously affirmed, with $20 costs and disbursements to respondent, but without prejudice to a later motion for summary judgment.
Third-party defendant moved to dismiss defendant's third-party complaint on the ground that the negligence alleged by plaintiff was active. Were this so, the motion was well advised (Putvin v. Buffalo Elec. Co.,
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