In this action appellant and respondent were sued by plaintiff for damages resulting from negligence. The respondent served a cross-complaint on the appellant, demanding indemnity and requesting that the ultimate rights of the defendants be determined pursuant to section 264 of the Civil Practice Act. Upon the rendition of a verdict in favor of the plaintiff against respondent and in favor of appellant, the trial court dismissed the cross-complaint. Order denying appellant's motion to have costs in its favor taxed against respondent affirmed, with ten dollars costs and disbursements to respondent, since it appears that appellant sought such taxation of costs as a matter of right pursuant to section 1475 of the Civil Practice Act. Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ., concur.