Franklin v. Shatkin , 23 Misc. 2d 890 ( 1960 )

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.