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.