Order, entered on May 2, 1963, denying motion of defendant-appellant to dismiss for insufficiency the first and second cross claims of defendant-respondent, unanimously reversed, on the law, with $20 costs and disbursements to defendant-appellant, and the motion granted, without prejudice to the service of an amended answer alleging a cross claim grounded in negligence if the defendant-respondent be so advised.
The first cross claim seeks indemnity and is grounded...
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