Mudge, Rose, Guthrie, Alexander & Ferdon v. Penguin Air Conditioning Corp.

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered October 19, 1994, which granted defendant’s motion for summary judgment dismissing the amended complaint and which denied as moot third-party defendant’s motion for summary judgment, unanimously affirmed, without costs. Cross-appeal taken by defendant-respondent-appellant is unanimously dismissed as taken by a party not aggrieved by the order (CPLR 5511), without costs. The Clerk is directed to enter judgment in favor of the defendant dismissing the amended complaint.

The IAS Court properly concluded that plaintiff’s action…