Braten v. Bankers Trust Co. 89 A.D.2d 536

Judgment, Supreme Court, New York County (Marks, J.), entered on September 15,1981, unanimously affirmed. Defendant-respondent shall recover of plaintiff-appellant $75 costs and disbursements of the appeal. Plaintiff-appellant’s appeal from the order of said court entered on August 12, 1981 is unanimously dismissed, without costs and without disbursements, as having been subsumed in the appeal taken from the judgment; and the appeal taken by the third-party plaintiff-appellant from the aforesaid order and judgment is unanimously dismissed as academic, without costs and without disbursements. No opinion. Concur — Carro, J. P., Lupiano, Silver-man, Fein and Milonas, JJ.