
    National Oil Burner Company of N. Y., Inc., Plaintiff, v. Rosefried Corporation, Defendant and Third-Party Plaintiff-Appellant, and Holyoke Mutual Fire Insurance Company in Salem et al., Third-Party Defendants-Respondents.
    Supreme Court, Appellate Term, Second Department,
    June 20, 1960.
    
      Thaler & Kandel (Harry H. Kandel of counsel), for appellant. Max J. Gwertsman and Saul Goldstein for respondents.
   Per Curiam.

Appeal dismissed, with $10 costs to third-party defendants. The order dismissing the third-party complaint is not appealable (N. Y. City Mun. Ct. Code, § 154; Fire Assn. of Philadelphia v. Isbrandtsen Co., 113 N. Y. S. 2d 335; Guadagna v. Paolini, 4 Misc 2d 794) although an appeal would lie from a judgment entered on such order.

No opinion.

Concur — Hart, Di Giovanna and Benjamin, JJ.

Appeal dismissed, etc.  