Allegretti v. Mancuso — 33 N.Y.2d 882

Majority

p. 882

Vincent Allegretti, Appellant, v. Anthony Mancuso, Doing Business as Bay Parkway Service Station, et al., Defendants. Motor Vehicle Accident Indemnification Corporation, Respondent.

Submitted November 16, 1973;

decided December 27, 1973.

p. 883

Barry 8. Wine and Richard J. Goldman for appellant.

James F. Carroll for respondent.

Order affirmed, without costs, in the following'memorandum: Plaintiff’s application, in his present action to recover for personal injuries, to compel MVAJC to defend the action on behalf of the defendant truck driver is held to have begun a separate special proceeding as to MVAIC. Accordingly the order of the Appellate Division affirming the denial of that application is a final order within the so-called third-party finality principle (Cohen and Karger, Powers of the New York Court of Appeals, rev. ed., § 45 et seq.). On consideration on the merits the order of the Appellate Division is affirmed.

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Wachtler.