Order and judgment reversed, on the law, and motion remitted to Special Term for further proceedings not inconsistent with the views expressed herein, with $10 costs and disbursements to abide the event.
In 1965, plaintiff, then a New York City fireman, commenced this negligence and breach of warranty action against third-party plaintiff ("Bertram"), third-party defendant ("Janesville") and others. The complaint alleged that plaintiff was injured while fighting a...
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