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Appellate Division of the Supreme Court of New York, 1983

D'Amico v. New Castle Rent A Car Corp.

D'Amico v. New Castle Rent A Car Corp.
Appellate Division of the Supreme Court of New York · Decided May 24, 1983
94 A.D.2d 686; 462 N.Y.S.2d 807; 1983 N.Y. App. Div. LEXIS 18106
D'Amico v. New Castle Rent A Car Corp.

Opinion of the Court

— Motion to dismiss appeal granted to the extent of striking appellants’ notice of appeal as it relates to the judgment entered January 31, 1983, dismissing the third-party complaint, as untimely served (CPLR 5513, subd [a]). To the extent that this judgment severed and dismissed *687the third-party action, it is a final judgment. Concur — Murphy, P. J., Sandler, Sullivan, Ross and Asch, JJ.

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