SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
January 20, 1969
HAZEL R. MAY, RESPONDENT,
MAX B. CANE REALTY CORPORATION, DEFENDANT, AND ROBERT ROSENTHAL, INC., DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLANT. CARMELLA PAVONE, AS ADMINISTRATRIX OF THE ESTATE OF JOHN PAVONE, DECEASED, THIRD-PARTY DEFENDANT-RESPONDENT
Judgment of the Supreme Court, Suffolk County, entered December 9, 1966, affirmed, with costs to plaintiff against appellant.
Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.
No opinion. Appeal from purported provisions of said judgment dismissing the third-party complaint dismissed, with costs to the third-party defendant against appellant. The judgment contains no decretal provisions determining the issues with respect to the third-party complaint. However, we have considered the merits of the issues as to the third-party complaint and, if an appeal from the adverse determination against appellant thereon were properly before us, we would have affirmed such determination.
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