Colombo v. Russ Realty Corp.

Judgment insofar as appealed from unanimously affirmed, and the third-party defendant-respondent recover of the defendant and third-party plaintiff-appellant the costs of the appeal. We do not reach the question of alleged error in the charge because of our view that the third-party plaintiff failed to establish its cause of action. Concur — Breitel, J. P., Rabin, Frank, Valente and McNally, JJ.