
    S. Melvin & Sons, Appellant, v. Indemnity Insurance Company of North America, Respondent.
    Supreme Court, Appellate Term, Second Department,
    January 29, 1960.
    
      Spar, Sehlemé Burroughs (Martin A. Burroughs of counsel), for appellant. George J. Conway and Conrad P. Sheehan for respondent.
   Per Curiam.

Order, insofar as it denies plaintiff’s motion for summary judgment, affirmed, with $10 costs. Appeal from order, insofar as it grants defendant’s cross motion for summary judgment, dismissed, without costs. No appeal lies from an order granting summary judgment. (N. Y. City Mun. Ct. Code, § 154.) However, we have considered the merits and if the said appeal were properly before us we would affirm. No opinion.

Concur — Hart, Di Giovanna and Brown, JJ.

Order affirmed, etc.  