Mincone v. Benjamin Pontiac, Inc.

Appellate Terms of the Supreme Court of New York

Mincone v. Benjamin Pontiac, Inc.

123 Misc. 2d 779, 477 N.Y.S.2d 998, 1983 N.Y. Misc. LEXIS 4177

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 28, 1983

StatusPublished

Cited by1 cases

This text of 123 Misc. 2d 779 (Mincone v. Benjamin Pontiac, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mincone v. Benjamin Pontiac, Inc., 123 Misc. 2d 779, 477 N.Y.S.2d 998, 1983 N.Y. Misc. LEXIS 4177 (N.Y. Ct. App. 1983).

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Opinion

OPINION OF THE COURT

Memorandum.

Judgment affirmed, without costs.

The judgment in favor of plaintiff is amply supported by the record. However, the judgment does not dispose of the third-party action and no judgment dismissing said action has been entered. Thus, the issue of whether the court below erred in dismissing that action is not before this court. We note, however, that were the issue properly before us we would have provided that the dismissal of the third-party action be without prejudice since it appears that the third-party defendant may be partly responsible for the defects in plaintiff’s automobile.

Farley, P. J., Geiler and Widlitz, JJ., concur.

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OPINION OF THE COURT

Memorandum.

Judgment affirmed, without costs.

The judgment in favor of plaintiff is amply supported by the record. However, the judgment does not dispose of the third-party action and no judgment dismissing said action has been entered. Thus, the issue of whether the court below erred in dismissing that action is not before this court. We note, however, that were the issue properly before us we would have provided that the dismissal of the third-party action be without prejudice since it appears that the third-party defendant may be partly responsible for the defects in plaintiff’s automobile.

Farley, P. J., Geiler and Widlitz, JJ., concur.

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123 Misc. 2d 779, 477 N.Y.S.2d 998, 1983 N.Y. Misc. LEXIS 4177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mincone-v-benjamin-pontiac-inc-nyappterm-1983.

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