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D'Amico v. New Castle Rent A Car Corp.

94 A.D.2d 686 Court N.Y. App. Div. Decision date 1983-05-24 English

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Majority

p. 686
Rosemarie D’Amico et al. v New Castle Rent A Car Corp. et al. (And a Third-Party Action.)

— Motion to dismiss appeal granted to the extent of striking appellants’ notice of appeal as it relates to the judgment entered January 31, 1983, dismissing the third-party complaint, as untimely served (CPLR 5513, subd [a]). To the extent that this judgment severed and dismissed

p. 687
the third-party action, it is a final judgment. Concur — Murphy, P. J., Sandler, Sullivan, Ross and Asch, JJ.