MIDDLETON v. CITY OF NEW YORK

In an action to recover damages for personal injuries sustained as a result of negligence, defendant City of New York served a complaint, claiming over against defendants-appellants. The latter appeal from an order denying their motion to dismiss the said complaint as against them. Order reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. (See Middleton v. City of New York, ante, p. 780, decided herewith.) Johnston, Acting P.J., Adel, Wenzel and MacCrate, JJ., concur; Sneed, J., dissents and votes to affirm. (Civ. Prac. Act, § 193-a.)