Order entered February 4, 1949, unanimously affirmed without prejudice to a plenary action for counsel fees under the policy. Order entered April 21, 1948, unanimously reversed and the motion to dismiss granted without prejudice to a plenary action as above indicated, with $20 costs and disbursements to the third-party defendant.
In the exercise of discretion the cross complaint against the insurance company for indemnity and counsel fees should have been stricken...
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