Judges： Greenblott, Staley
Filed Date： 12/13/1973
Status： Precedential
Modified Date： 11/1/2024
(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.