Falb v. Frankel

In an action to enforce a right of contribution between cosureties, defendant appeals from (1) an order of the Supreme Court, Westchester County, dated December 29, 1978, which granted plaintiffs’ motion for summary judgment in the amount of $16,000 and denied defendant’s cross motion for summary judgment dismissing the complaint, and (2) a judgment of the same court, entered thereon on January 5, 1979. Appeal from the order dismissed (see Matter of Aho, 39 NY2d 241, 248). Judgment reversed, on the law, plaintiffs’ motion is denied, defendant’s cross motion is granted and the complaint is…