Angelucci v. Sands — 297 A.D.2d 764

Majority

p. 764

Joseph Angelucci et al., Respondents, v Benjamin Sands et al., Defendants and Third-Party Plaintiffs, et al., Defendant. Lippolis Electric, Inc., Third-Party Defendant-Appellant.

[747 NYS2d 798]

Since a judgment has been entered in favor of the defendants and third-party defendants, after trial, which is being affirmed by this Court (see Angelucci v Sands, 297 AD2d 764 [decided herewith]), any determination regarding the summary judgment motion will not affect the rights of the parties (see Matter of Hearst Corp. v Clyne, 50 NY2d 707 , 714). Santucci, J.P., Schmidt, Townes and Cozier, JJ., concur.

Cases cited

Hearst Corp. v. Clyne 50 NY2d 707 N.Y. 1980-07-03 at 714 p. 764