Majority
p. 652Max Swersky, Plaintiff, v. Bruson Heights Corp., et al., Defendants. Bruson Heights Corp., Third-Party Plaintiff, v. Beny Falco, Doing Business as Falco Concrete Co., Third-Party Defendant. Bruson Heights Corp., Third-Party Plaintiff-Respondent, v. Joseph Donofrio, Third-Party Defendant-Appellant.
Order unanimously affirmed, with $20 costs and disbursements to the third-party plaintiff-respondent. Whether there could be a recovery over in the present case should await trial. The question may not be determined upon the pleadings. Present — Peek, P. J., Glennon, Cohn, Callahan and Breitel, JJ.