Order dated March 11, 1969, denying third-party defendant's motion to dismiss third-party complaint affirmed, with $50 costs and disbursements to respondents.
The accident is sufficiently described in the dissenting opinion, as are the pleadings. The applicable rules are not in dispute; the difficulty lies in their application. Primarily, the distinction between what is "active" and what is "passive" negligence is subject to so many variables that no comprehensive...
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