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Van Bron Corp. v. Gier's Farm Service, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 811 (N.Y. App. Div. 2000)

Opinion

June 16, 2000.

Appeal from Order of Supreme Court, Cattaraugus County, Cosgrove, J. — Dismiss Pleading.

PRESENT: PIGOTT, JR., P. J., HAYES, WISNER AND KEHOE, JJ.


Appeal unanimously dismissed without costs. Memorandum: Defendants appeal from an order of Supreme Court denying their motion to dismiss this action pursuant to CPLR 32 11 (a) (4) on the ground that there is another action pending between the parties for the same cause of action in Supreme Court, Chautauqua County, which was commenced by defendants the day before this action was commenced. After the order was entered, however, the Chautauqua County action was dismissed, and no appeal was taken from the order dismissing that action. Because there is no longer another action pending between the parties for the same cause of action, the issue raised herein is moot.


Summaries of

Van Bron Corp. v. Gier's Farm Service, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 811 (N.Y. App. Div. 2000)
Case details for

Van Bron Corp. v. Gier's Farm Service, Inc.

Case Details

Full title:VAN BRON CORPORATION, PLAINTIFF-RESPONDENT, v. GIER'S FARM SERVICE, INC.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 16, 2000

Citations

273 A.D.2d 811 (N.Y. App. Div. 2000)
710 N.Y.S.2d 262

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