Order unanimously affirmed, with costs.
Memorandum:
This negligence cause of action arose on January 13, 1971 when plaintiff's intestate suffered fatal injuries while employed as a fireman of the City of Syracuse and engaged in fighting a fire. Suit was commenced in February, 1972. The city's original answer contained a cross claim against codefendant American LaFrance for indemnity based upon breach of warranty with respect to the aerial fire truck on which...
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