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NAT. OIL BURNER CO. v. ROSEFRIED CORP.

26 Misc.2d 75 (1960)

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

Attorney(s) appearing for the Case

Thaler & Kandel (Harry H. Kandel of counsel), for appellant. Max J. Gwertzman and Saul Goldstein for respondents.

Concur — HART, DI GIOVANNA and BENJAMIN, JJ.

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.

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