Schwartz v. Crawford — 261 A.D. 825

Majority

p. 825

Joseph J. Schwartz, Plaintiff, v. Bertram Crawford, Defendant, and Stewart & McGuire, Inc., Sued Herein as Steward & McGuire, Inc., Respondent (By Way of Original Summons), and Karp Metal Products Co. Inc., Sued Herein as Karp Metal Company, Appellant (By Way of Supplemental Summons).

(Appeal No. 2.)

— Appeal by the impleaded defendant, Karp Metal Products Co., Inc., from an order denying its motion to dismiss the cross-pleading in the amended answer. In view of the decision in the prior appeal in Schwartz v. Crawford, No. 1 (ante, p. 825), decided herewith, this appeal becomes academic. Appeal dismissed, without costs. Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.