384 N.Y.S.2d 449, 348 N.E.2d 925

LORA H. KLINGER, Individually and as Administratrix of the Estate of RICHARD B. KLINGER, Deceased, Appellant, v. JERRY DUDLEY et al., Respondents, and FRANK LEONE, Defendant and Third-Party Plaintiff-Appellant. STEVEN F. SMITH et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.Submitted February 23, 1976
Decided April 1, 1976

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH RICOTTA, J.

Irving C. Maghran, Jr., and John J. Sullivan, Jr., for motion.

James N. Hite opposed.

Page 1022

Motion denied.