Appeal from an order of the County Court, Sullivan County, denying a motion for dismissal of a third-party complaint. Plaintiffs in the instant action are seeking to recover $500 for services rendered to respondents, police officers in the Village of Liberty, in connection with a conspiracy charge brought against respondents by a fellow police officer. On October 26, 1959 respondents served a third-party complaint on the Mayor of the Village of Liberty and three members of the Village Board of Trustees, asserting liability over on the theory that the hiring of plaintiffs to defend them was authorized by the board. This complaint was dismissed by the court below because the complaint was directed against the board members individually rather than against the village and because there was no allegation of compliance with section 341-b of the Village Law. Within the time specified in the
