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— Appeal dismissed without costs. Memorandum: Because we have reversed the order denying the motion for summary judgment and have granted summary judgment dismissing the complaint, the appeal from this order is moot (see, Jones v Park Realty [appeal No. 2], 168 AD2d 945 [decided herewith]).
All concur except Balio and Lawton, JJ., who dissent and vote to affirm in the following memorandum.
Document Info
Docket Number: Appeal No. 1
Judges: Balio, Lawton
Filed Date: 12/21/1990
Precedential Status: Precedential
Modified Date: 10/31/2024