Opinion
March 23, 1950.
Appeal from the Municipal Court of the City of New York, Borough of Queens, FITZPATRICK, J.
James Bruce and A. Hayne de Yampert for appellant.
Leon E. Borden and Hyman Stein for respondent.
The second third-party defendant having raised issues by its denial of the allegations of the main complaint, is, within the purview of section 288 of the Civil Practice Act to be deemed a "party" subject to examination before trial by plaintiff.
The order should be affirmed, with $10 costs.
STEINBRINK, RUBENSTEIN and COLDEN, JJ., concur.
Order affirmed, etc.