Joseph J. Schwartz, Plaintiff, v. Bertram Crawford, Defendant, and Stewart & McGuire, Inc., Sued Herein as Steward & McGuire, Inc., Appellant (By Way of Original Summons), and Karp Metal Products Co., Inc., Sued Herein as Karp Metal Company, Respondent (By Way of Supplemental Summons)

Joseph J. Schwartz, Plaintiff, v. Bertram Crawford, Defendant, and Stewart & McGuire, Inc., Sued Herein as Steward & McGuire, Inc., Appellant (By Way of Original Summons), and Karp Metal Products Co., Inc., Sued Herein as Karp Metal Company, Respondent (By Way of Supplemental Summons). (Appeal No. 3.) [MAJORITY] — Appeal by defendant Stewart & McGuire, Inc., from an order denying its motion to dismiss the counterclaims and offsets raised by the impleaded defendant, Karp Metal Products Co., Inc., in its answer to the cross-pleading of the appealing defendant. In view of the decision in the prior appeal in Schwartz v. Crawford, No. 1 (ante, p. 825), decided herewith, this appeal becomes academic. Appeal dismissed, without costs. Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.