ALLEGRETTI v. MANCUSO

Order affirmed, without costs, in the following memorandum: Plaintiff's application, in his present action to recover for personal injuries, to compel MVAIC 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.