Majority
p. 865Carl M. Hyde, Plaintiff, v. Johnson City Plumbing Co., Inc., Defendant and Third-Party Plaintiff-Appellant; Security Mutual Life Insurance Company, Third-Party Defendant-Respondent.
of this court, handed down January 11, 1962, amended as follows: Order of May 4, 1962 modified by striking out “ on the merits ” and as thus modified affirmed, with $10 costs. Appeal from order of July 23, 1962 dismissed as moot. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.