General

Richard W. Myers, as Administrator of the Estate of Jay B. Myers, Deceased, Respondent, v. Cornell University, Appellant and Third-Party Plaintiff-Respondent. A. Friederich & Sons, Inc., Third-Party Defendant-Appellant

64 A.D.2d 988·New York Supreme Court, Appellate Division·1978·NY

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Opinion

Richard W. Myers, as Administrator of the Estate of Jay B. Myers, Deceased, Respondent, v Cornell University, Appellant and Third-Party Plaintiff-Respondent. A. Friederich & Sons, Inc., Third-Party Defendant-Appellant. [MAJORITY] —Motion to dismiss appeal of third-party defendant-appellant granted, without costs, on the ground that review by this court was waived when the third-party defendant elected to pursue its direct appeal to the Court of Appeals pursuant to CPLR 5601 (subd [d]) (see Parker v Rogerson 35 NY2d 751, 753; Cohen and Karger, Powers of the New York Court of Appeals, § 73; 7 Weinstein-Korn-Miller, NY Civ Prac, par 5601.24). Mahoney, P. J., Greenblott, Sweeney, Larkin and Main, JJ., concur.