Majority
p. 672State Savings and Loan Association of Jackson Heights, Respondent, v Republic Insurance Company, Appellant.
— In an action on a performance bond, defendant appeals from an order of the Supreme Court, Nassau County, entered October 31, 1977, which, inter alia, denied its motion to dismiss the complaint. Order affirmed, with $50 costs and disbursements, on the opinion of Mr. Justice Tomson at Special Term. Hopkins, J. P., Latham, Damiani and Suozzi, JJ., concur.