Majority
p. 850Pacific Fruit Express Company, Third-Party Plaintiff-Respondent, v. Beech-Nut Life Savers, Inc., Third-Party Defendant-Appellant.
Judgment unanimously reversed on the law and facts and third-party complaint dismissed, without costs of this appeal to either party. Memorandum: (Same as filed in companion case of Salerno v. New York Cent. R. R. Co., 21 A D 2d 850). (Appeal from judgment of Monroe Trial Term in favor of third-party
p. 851
plaintiff, Pacific Fruit Express Company, in a negligence action.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Veechio, JJ.