D'Amico v. New Castle Rent A Car Corp.

— Motion to dismiss appeal granted to the extent of striking appellants’ notice of appeal as it relates to the judgment entered January 31, 1983, dismissing the third-party complaint, as untimely served (CPLR 5513, subd [a]). To the extent that this judgment severed and dismissed *687the third-party action, it is a final judgment. Concur — Murphy, P. J., Sandler, Sullivan, Ross and Asch, JJ.