Opinion
May 23, 1961
Appeal from the District Court of the County of Nassau, FRANK A. VICONE, J.
Marchese Alexander ( Robert C. Alexander of counsel), for appellant.
Dorfman Quient for respondent.
Appeal from order dismissing complaint and third-party complaint at the close of plaintiff's case, dismissed, without costs. The order is not appealable. (Nassau County District Court Act, § 190.) The proper procedure is to appeal from any judgment which may be entered herein. Furthermore, plaintiff is not an aggrieved party in respect to the dismissal of the third-party complaint. ( Lopoczyk v. McIntyre, 9 A.D.2d 690.)
Concur — HART, BROWN and BENJAMIN, JJ.
Appeal dismissed, etc.