297 N.Y.S.2d 297, 244 N.E.2d 868

MARINE MIDLAND TRUST COMPANY OF WESTERN NEW YORK, Plaintiff, v. FREDERICK HALIK, Defendant. FREDERICK HALIK, Third-Party Plaintiff, v. HYLAN FLYING SERVICE, INC., Third-Party Defendant. HYLAN FLYING SERVICE, INC., Third-Party Plaintiff-Respondent, v. RAY ROYCE AIRCRAFT, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

Court of Appeals of the State of New York.Submitted November 26, 1968
Decided December 12, 1968

Page 790

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

Page 791

Milton H. Friedman for third-party appellant.

John J. Considine, Jr., for third-party respondent.

Order affirmed, with costs; no opinion.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.