Majority
p. 537Erwin L. Klineman, Appellant, v Bankers Trust Company, Respondent and Third-Party Plaintiff-Appellant. Clarence Rainess & Co. et al., Third-Party Defendants-Respondents. William J. Klineman et al., as Executors of Emery E. Klineman, Deceased, Appellants, v Bankers Trust Company, Respondent and Third-Party Plaintiff-Appellant. Clarence Rainess & Co. et al., Third-Party Defendants-Respondents.
Judgments, Supreme Court, New York County (Marks, J.), entered on September 15, 1981, unanimously affirmed and defendant-respondent Bankers Trust Company shall recover of plaintiffs-appellants one bill of $75 costs and disbursements of these appeals. Plaintiffs-appellants’ appeals from the orders entered on August 12, 1982 unanimously dismissed, without costs and without disbursements as having been subsumed in the appeals taken from the judgments; and the appeals taken by the third-party plaintiff-appellant from the aforesaid orders and judgments unanimously dismissed as academic, without costs and without disbursements. No opinion. Concur — Carro, J. P., Lupiano, Silverman, Fein and Milonas, JJ.