Majority
p. 818Ruby McCalla, Respondent, v Powerhouse Service, Inc., Defendant and Third-Party Plaintiff-Appellant. Hat Corporation of America, Third-Party Defendant-Respondent.
Order of the Appellate Term of the Supreme Court, First Department, entered on October 21, 1974, affirmed. Plaintiff-respondent and third-party defendant-respondent shall recover of appellant one bill of $60 costs and disbursements of this appeal. Concur— Kupferman, J. P., Tilzer, Lane and Nunez, JJ.; Murphy, J., dissents in the following memorandum: I would reverse the order of affirmance and dismiss the complaint on the dissenting opinion of Mr. Justice Quinn at the Appellate Term.