Offiong v. Wilson

Appeal by defendant Dolly Wilson from an order granting plaintiffs’ motion to dismiss the third-party complaint. Order reversed, with $10 costs and disbursements, and the motion denied, without costs. There is no such “ mixture of claims ” which would prevent bringing in the third-party defendant. (Spector v. Hallan, 173 Mise. 416, affd. 173 Mise. 418.) Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.