Opinion
April 13, 1987
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the order is modified, by deleting the provision thereof which amended the title; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to Supreme Court, Kings County, for the amendment of the title of the action to conform with the present status of the parties.
The court did not dismiss the appellant's cross claim for indemnification or contribution against certain corporations and an individual who were named as his codefendants. The plaintiffs' complaint has been dismissed against some of those named codefendants. Therefore, the court should have converted the cross claim into a third-party action against the former codefendants, and amended the title of the action to reflect that change in status. The matter has been remitted for the proper amendment of the title to conform with the present status of the parties.
The remaining claims of error asserted by the appellant are without merit. Mollen, P.J., Thompson, Eiber and Sullivan, JJ., concur.