Kress v. Melcroft Corp. ( 1939 )

In an action to recover for personal injuries, plaintiff appeals from an order denying his motion for summary judgment and for judgment on the pleadings. In view of the decisions in Kress v. Melcroft Corporation (post, p. 809) and Kress v. Melcroft Corporation, No. 1 (ante, p. 809), decided herewith, the appeal is dismissed as academic, without costs. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.