MINCONE v. BENJAMIN PONTIAC


123 Misc.2d 779 (1983)

John Mincone, Respondent, v. Benjamin Pontiac, Inc., Defendant and Third-Party Plaintiff-Appellant. General Motors Corporation, Third-Party Defendant-Respondent.

Supreme Court, Appellate Term, Second Department.

December 28, 1983


Attorney(s) appearing for the Case

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.

FARLEY, P. J., GEILER and WIDLITZ, JJ., concur.


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...

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