Opinion
October 17, 1949.
Present — Peck, P.J., Glennon, Dore, Callahan and Van Voorhis, JJ.
Order unanimously reversed, with $20 costs and disbursements, and the motion denied. We are unable to say, on the pleadings, that facts may not appear at the trial which would constitute a claim over against the third-party defendant under the first and second causes of action pleaded in the third-party complaint. We think it better to allow the causes of action to stand awaiting trial. Settle order on notice.