Majority
p. 989Aerolyn Fabrics, Inc., Plaintiff, v. Firemen’s Insurance Company of Newark, New Jersey, Defendant and Third-Party Plaintiff-Appellant. Luckenbach Steamship Company, Inc., Third-Party Defendant-Respondent.
Order, entered June 9, 1958,. granting third-party defendant-respondent’s motion to dismiss the third-party complaint pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice and the judgment entered thereon, unanimously affirmed, with costs to the respondent. No opinion. Concur— Botein, P. J., Breitel, "Valente, McNally and Noonan, JJ.