Majority
p. 865Donna M. Barch, as Executrix of Chester J. Barch, Deceased, Respondent, v. Avco Corporation et al., Appellants. (Action No. 1.) Mabelle K. Badgley, as Executrix of Paul G. Badgley, Deceased, et al., Appellants, v. Mooney Aircraft, Inc., Defendant, and Avco Corporation et al., Appellants. (Action No. 2.) First Trust & Deposit Company, as Executor of Harry T. Ditch, Deceased, Appellant, v. Mooney Aircraft, Inc., Defendant, and Avco Corporation et al., Appellants. (Action No. 3.) Margo B. Schweitzer, as Administratrix of the Estate of John T. Schweitzer, Deceased, Appellant, v. Mooney Aircraft, Inc., et al., Respondents. (Action No. 4.) In the Matter of Donna M. Barch, as Executrix of Chester J. Barch, Deceased. Argued December 9, 1968;. decided January 9, 1969.
p. 866
Frank H. Granito, Jr., and Henry C. Fadden for motion.
John C. Kinney, John M. Freyer, Taylor H. Obold, Angela E. Struglia and Victor J. Hershdorfer opposed.
Motion granted only to the extent of dismissing the appeal in Matter of Barch (appeal No. 2), with costs and $10 costs of motion, upon the ground that appellants are not aggrieved parties within the meaning of CPLR 5511; motion otherwise denied.