Desimone v. C. J. Burgess Co.

Order reversed on the law, with $10 costs and disbursements and motion granted, with $10 costs, on the ground that the third-party complaint fails to state facts showing any right of recovery over against the third-party defendant. All concur. (Appeal from an order denying a motion by third-party defendant to dismiss the complaint of the third-party plaintiff.) Present — Taylor, P. J., McCurn, Vaughan, Piper and Wheeler, JJ.