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MORAIS v. RICHARD

32 Misc.2d 658 (1961)

Elmer Morais, Doing Business as Dependable Automatic Transmissions, Appellant, v. Otis Richard, Respondent and Third-Party Plaintiff. Registered Tested Cars, Inc., et al., Third-Party Defendants.

Supreme Court, Appellate Term, Second Department.

May 23, 1961

Attorney(s) appearing for the Case

Marchese & Alexander (Robert C. Alexander of counsel), for appellant. Dorfman & Quient for respondent.

Concur — HART, BROWN and BENJAMIN, JJ.

Per Curiam.

Appeal from order dismissing complaint and third-party complaint at the close of plaintiff's case, dismissed, without costs. The order is not appealable. (Nassau County District Court Act, § 190.) The proper procedure is to appeal from any judgment which may be entered herein. Furthermore, plaintiff is not an aggrieved party in respect to the dismissal of the third-party complaint. (Lopoczyk v...

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