Holodook v. Spencer , 350 N.Y.S.2d 199 ( 1973 )

Staley, Jr., J. P.

(dissenting). I dissent and would affirm the order of Special Term which denied the motion to dismiss the counterclaim and third-party complaint based on my dissenting opinion in Graney v. Graney (43 A D 2d 207 [decided herewith]).

Sweeney, Kane and Reynolds, JJ., concur with Greenblott, J.; Staley, Jr., J. P., dissents and votes to affirm in a separate opinion.

Order reversed, on the law and the facts, and motion granted, without costs.