Before: Florio, J.P., Crane, Mastro and Lifson, JJ., concur. Ordered that the appeal from the order is dismissed as academic, without costs or disbursements, in light of our determination of the related appeal from an order of the same court entered March 25, 2004 ( see Kardas v. Union Carbide Corp., 22 AD3d 640 [decided herewith]).
Before: Florio, J.P., Crane, Mastro and Lifson, JJ., concur. Ordered that the appeal from the order is dismissed as academic, without costs or disbursements, in light of our determination of the related appeal from an order of the same court entered March 25, 2004 ( see Kardas v. Union Carbide Corp., 22 AD3d 640 [decided herewith]).
Gangel v. DeGroot, 41 NY2d 840, 842 (1977). See Kardas v. Union Carbide Corp., 22 AD3d 640, 641 (2d Dept. 2005). See generally, Watts v. Swiss Bank Corp., 27 NY2d 270, 276 (1970)("in the absence of manifest injustice, the court will allow the parties by default in pleading or proof to agree or acquiesce that forum law applied").