Majority
p. 879John J. Kelly et al., Respondents, v. Chester Yannotti et al., Co-Partners Doing Business under the Name of Y. & F. Landscaping Company, Defendant, and Y. & F. Landscaping Co., Inc., Defendant and Third-Party Plaintiff-Respondent. Ætna Casualty & Surety Company, Third-Party Defendant-Appellant.
Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of the Special Term properly made? Present — Nolan, P. J., Wenzel, Beldock, Ughetta and Kleinfeld, JJ. [See ante, p. 767.]