Order reversed, with costs to abide the event, and the motion to dismiss appellant's cross complaint denied on the authority of Dole v. Dow Chem. Co. ( 30 N.Y.2d 143).
Concur: Chief Judge FULD and Judges BERGAN, JASEN and GIBSON. Judge BURKE concurs on constraint of Dole v. Dow Chem. Co. Taking no part: Judges SCILEPPI and BREITEL.