
    Elmer Morais, Doing Business as Dependable Automatic Transmissions, Appellant, v. Otis Richard, Respondent and Third-Party Plaintiff. Registered Tested Cars, Inc., et al., Third-Party Defendants.
    Supreme Court, Appellate Term, Second Department,
    May 23, 1961.
    
      
      Márchese & Alexamder (Robert G. Alexander of counsel), for appellant. Dorfman $ Quient for respondent.
   Per Curiam.

Appeal from order dismissing complaint and third-party complaint at the close of plaintiff’s case, dismissed, without costs. The order is not appealable. (Nassau County District Court Act, § 190.) The proper procedure is to appeal from any judgment which may be entered herein. Furthermore, plaintiff is not an aggrieved party in respect to the dismissal of the third-party complaint. (Lopoczyk v. McIntyre, 9 A D 2d 690.)

Concur — Hart, B.rown and Benjamin, JJ.

Appeal dismissed, etc.  