Majority
p. 802William L. Birtch, Appellant, v. J. P. Snyder Construction Company, Inc., Defendant, and Massachusetts Bonding and Insurance Company, Defendant-Respondent.
Judgment and order affirmed, with costs. All concur. (The judgment dismisses plaintiff’s complaint as to defendant bonding company, in an action under undertaking by third-party beneficiary.) Present — ■ Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.