Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. The third-party complaint is legally sufficient. Upon all the pleadings, a triable issue is presented as to whether the sole proximate cause of the accident was the primary or active negligence of the third-party defendant and whether the negligence, if any, of the third-party plaintiff was secondary or passive. Concur — Breitel, J. P., Rabin, Cox, Frank and Bastow, JJ.