Opinion
November 6, 1980
Appeal from order, Supreme Court, New York County, entered on December 11, 1979, granting summary judgment in favor of the defendants and dismissing the complaint, unanimously dismissed, without costs and without disbursements. Appellants having been granted leave to replead and having done so, this appeal is moot. (Halmar Distrs. Corp. v. Approved Mfg. Corp., 49 A.D.2d 841.) Had we reached the merits, we would have affirmed. (Thornton v Roosevelt Hosp., 47 N.Y.2d 780; Rosenberg v. Johns-Manville Sales Corp., 78 A.D.2d 784.)
Concur — Birns, J.P., Sullivan, Markewich, Silverman and Yesawich, JJ.