Opinion
Argued January 11, 1983
Decided January 18, 1983
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, WILLIAM J. CRANGLE, J.
Gerald A. Harley for appellant.
McGovern, Kehoe, Mitchell Kelleher for respondent R. Francis Dupreau, precluded.
William L. Nikas for respondent Margaret Sprague, precluded.
On plaintiff's appeal as against defendant Sprague: Order affirmed, without costs, for reasons stated in the memorandum at the Appellate Division ( 87 A.D.2d 659).
On plaintiff's appeal as against defendant Dupreau: Appeal dismissed, without costs, upon the ground that the order of the Appellate Division, insofar as it affirmed the denial of summary judgment to plaintiff against defendant Dupreau and denied plaintiff's motion to dismiss defendant Dupreau's second counterclaim, does not finally determine the action as to said defendant.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.