Judgment affirmed, with costs. Since the town may here be held liable in damages to plaintiff only on evidence that it was guilty solely of active negligence, the town is not privileged to proceed against other alleged tort-feasors. Consequently, its cross claim and third-party complaint were properly dismissed. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.