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 AD2d 764 [decided herewith]), any determination regarding the summary judgment motion will not affect the rights of the parties (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714). Santucci, J.P., Schmidt, Townes and Cozier, JJ., concur.