Majority
p. 609Kratter Corporation, Plaintiff, v. Samuel Grad et al., Defendants. Samuel Grad, Defendant and Third-Party Plaintiff-Appellant, v. Home Title Guaranty Company, Third-Party Defendant-Respondent.
Order, entered on December 4, 1962, granting third-party defendant’s motion to dismiss the third-party complaint for legal insufficiency, unanimously affirmed, without costs, but without prejudice to any action the third-party plaintiff may be advised to institute against the third-party defendant. Concur — Rabin, J. P., Stevens, Eager, Bergan and Bastow, JJ.