Appellate Division of the Supreme Court of the State of New York June 4, 1963 (Singleton v. Bishop)

Order, entered on October 24, 1962, denying motion to dismiss the third-party complaint, unanimously reversed, on the law, with $20 costs and disbursements to the third-party defendant-appellant, and the motion granted. If the accident was caused by defective brake repair and the operator defendant had knowledge of the defect, he would be primarily (actively) negligent. (Mills v. Gabriel, 259 App.