Loafin' Tree Restaurant, Inc. v. Pardi

Full title: LOAFIN' TREE RESTAURANT, INC., Appellant, v. ALFRED L. PARDI, Respondent…

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

Date published: Jun 22, 1990

162 A.D.2d 985 (N.Y. App. Div. 1990)

559 N.Y.S.2d 51

Opinion

June 22, 1990

Appeal from the Monroe County Court, Wisner, J.

Present — Callahan, J.P., Denman, Pine, Balio and Lawton, JJ.

Appeal dismissed without costs. All concur, Pine, J., not participating. Memorandum: After granting plaintiff's motion for renewal and reargument, Supreme Court adhered to its original determination. The order entered on renewal and reargument superseded the original order on this appeal, and the appeal from the original order must be dismissed (see, Public Serv. Truck Renting v. Ambassador Ins. Co., 136 A.D.2d 911; Marine Midland Bank v. Fisher, 85 A.D.2d 905).