Majority
p. 958A. Dickson Moodie, Respondent, v. American Casualty Company of Reading, Pennsylvania, Appellant. (Action No. 1.) A. Dickson Moodie, Plaintiff, v. Jay W. Rickard, Doing Business as Rickard Insurance Agency, Defendant. (Action No. 2.)
Motion to dismiss appeal taken by American Casualty Company from the order and judgment entered in Action No. 2 granted, without costs. A nonparty who has neither intervened in the action nor been substituted for a party is without standing to appeal from the final determination therein. (CPLR 5511; Matter of Johnson v. Dreher, 278 App. Div. 1019 .) Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ,, concur.