Angelucciv.Sands

Appellate Division of the Supreme Court of New York, Second DepartmentSep 30, 2002
747 N.Y.S.2d 798 (N.Y. App. Div. 2002)
747 N.Y.S.2d 798297 A.D.2d 764

2000-00991, 2000-00992

Argued September 6, 2002.

September 30, 2002.

In an action to recover damages for personal injuries, etc., the third-party defendant appeals from (1) a decision of the Supreme Court, Westchester County (Lefkowitz, J.), entered October 26, 1999, and (2) so much of an order of the same court, dated November 16, 1999, as denied those branches of its motion which were for summary judgment dismissing the complaint and the third-party complaint.

MacCartney, (Christopher J. MacCartney, Kerrigan MacCartney, Nyack, Walsh of counsel), for third-party defendant-appellant.

Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the appeal from the decision entered October 26, 1999, is dismissed, as no appeal lies from a decision ( see CPLR 5701; Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,

ORDERED that the appeal from the order dated November 16, 1999, is dismissed as academic; and it is further,

ORDERED that the third-party defendant is awarded one bill of costs.

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 A.D.2d 764 [Appellate Division Docket No. 2001-06217, decided herewith]), any regarding the summary judgment motion will not affect the rights of the parties ( see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714).

SANTUCCI, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.