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FRANKLIN v. SHATKIN

23 Misc.2d 890 (1960)

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.

Attorney(s) appearing for the Case

Herman B. Zipser and Bernard Meyerson for appellant. Herbert M. Rafner for respondent.

Concur — DI GIOVANNA, BENJAMIN and DALY, JJ.

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.

Appeal dismissed...

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