Majority
p. 711Ruth Gorfinkel, as Executrix of David Gorfinkel, Deceased, Respondent, v. First National Bank in Yonkers, Defendant-Appellant and Third-Party Plaintiff-Respondent, and Sylvester W. Del Bello, Individually and as Committee of Ellen Snyder, Also Known as Ellen Elliott, a Deceased Incompetent Person, Third-Party Defendant-Appellant. Argued November 18, 1964; decided January 7, 1965.
p. 713
Alfred B. Del Bello for third-party defendant-appellant.
Joseph G. Blum and Seymour J. Kehlmann for defendant-appellant and third-party plaintiff-respondent.
Daniel Danziger and Samuel S. Weiner for respondent.
Order affirmed, with one bill of costs to plaintiff and third-party plaintiff payable by third-party defendant individually. No opinion.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.