Order affirmed, with $10 costs and disbursements.
Having elected to contest plaintiff's claim, the third-party defendant is a party adverse to the plaintiff (Civ. Prac. Act, § 193-a, subd. 2) and may be examined before trial as such.
Nolan, P. J., and MacCrate, J., dissent and vote to dismiss the appeal on the ground that appellant is not a party aggrieved. (Nixon v. Beacon Transp. Corp., 239 App...
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