Majority
p. 1039Charles W. Dorsey, Plaintiff, v William Winkey, Defendant and Third-Party Plaintiff-Appellant. John V. Lindbergh, Doing Business as Lindbergh Realty Company, Third-Party Defendant-Respondent.
— Order unanimously modified to strike the last ordering paragraph insofar as it provides that the dismissal of the third-party complaint is without prejudice, and, as modified, affirmed, with costs to third-party defendant. (Appeal from order of Erie Supreme Court — summary judgment.) Present — Simons, J. P., Hancock, Jr., Doerr, Denman and Schnepp, JJ.