Appellate Terms of the Supreme Court of New York, 1983

Mincone v. Benjamin Pontiac, Inc.

Appellate Terms of the Supreme Court of New York · Decided December 28, 1983

123 Misc. 2d 779; 477 N.Y.S.2d 998; 1983 N.Y. Misc. LEXIS 4177

Counsel

APPEARANCES OF COUNSEL, Lindenbaum & Young (Richard J. Pilson of counsel), for appellant. Irving Koondel for respondent. Ciaravino & Smith {Philip D. Jackson of counsel), for third-party defendant-respondent.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

Judgment affirmed, without costs.

The judgment in favor of plaintiff is amply supported by the record. However, the judgment does not dispose of the third-party action and no judgment dismissing said action has been entered. Thus, the issue of whether the court below erred in dismissing that action is not before this court. We note, however, that were the issue properly before us we would have provided that the dismissal of the third-party action be without prejudice since it appears that the third-party defendant may be partly responsible for the defects in plaintiff’s automobile.

Farley, P. J., Geiler and Widlitz, JJ., concur.

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