
    Jack Cohen, Appellant, v. Josam Construction Corp., Respondent and Third-Party Plaintiff, et al., Defendant. Isadore Eisenberg, Doing Business as Eisenberg Painting Company, Third-Party Defendant.
    Argued January 9, 1964;
    decided January 23, 1964.
    
      
      Thomas F. Frawley, Nicholas J. Winnie and Harry M. Matis for appellant.
    
      Richard J. Burke and John E. Morris for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Field, Van Voorhis, Burke and Scilepfi. Judge Bergan dissents and votes to reverse for the reasons stated in the dissenting opinion at the Appellate Division.  