Sunshine v. Bankers Trust Co.

Motion to dismiss the appeal in part denied upon the ground that there is no appeal before this court with respect to the dismissal of the third-party complaint, without prejudice, however, to the right of respondent to urge the same contention on argument of the appeal.

Cross motion to reinstate the third-party complaint dismissed without prejudice to third-party plaintiff’s right to apply to the Supreme Court for that relief.