FREY v. BETH. STEEL, G.C. DEPOT CONS

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.