
    Marine Midland Bank, N. A., Plaintiff, v Edward T. Bowker, Defendant and Third-Party Plaintiff-Appellant. John F. Byrne, Doing Business as Jack Byrne Ford & Mercury, et al., Third-Party Defendants-Respondents.
    Argued April 26, 1983;
    decided May 10, 1983
    
      APPEARANCES OF COUNSEL
    
      Paul M. Whitaker for appellant.
    
      Karl H. Schrade for respondents.
   OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in so much of the opinion by Justice Howard A. Levine at the Appellate Division as regards the subject matter jurisdiction of County Court (89 AD2d 194).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons. Taking no part: Judge Fuchsberg.  