
    Bernard Franklin, Plaintiff, v. Irwin Shatkin, Defendant and Third-Party Plaintiff-Appellant. Hernly Construction Corporation, Third-Party Defendant-Respondent.
    Supreme Court, Appellate Term, Second Department,
    March 22, 1960.
    
      
      Herman B. Zipser and Bernard Meyerson for appellant. Herbert M. Rafner for respondent.
   Per Curiam.

Appeal from the order granting third-party defendant’s motion to dismiss third-party complaint dismissed, without costs. The order is not appealable. (Long Beach City Charter, § 238-a; L. 1957, ch. 748.) However, we have considered the merits and if the appeal were properly before us we would affirm.

No opinion.

Concur —Di Giovanna, Benjamin and Daly, JJ.

Appeal dismissed, etc.  