Majority
p. 794Mary E. Dickinson, Plaintiff, v. Anthony Juliano, Defendant, and Homer Dickinson, Defendant and Third-Party Plaintiff-Respondent. Phoenix Assurance Company of New York, Third-Party Defendant-Appellant.
Order insofar as appealed from unanimously affirmed, with $10 costs and disbursements. (Appeal from part of an order of Erie Special Term denying a motion by third-party defendant to dismiss the third-party complaint.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.