Opinion
October 10, 1961
Order entered on June 27, 1961, granting intervenor-respondent leave to intervene in an alleged action for a declaratory judgment, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion denied, with $10 costs. The resettled order and judgment of Mr. Justice HOFSTADTER, filed March 3, 1961, upon the motion and cross motion for summary judgment in the declaratory judgment action, constituted a final and conclusive disposition of the declaratory judgment action; and therefore said action is no longer pending and a motion to intervene in it may not be entertained.
Concur — Botein, P.J., Breitel, Rabin, Valente and McNally, JJ.