Opinion
September 23, 1985
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Cross appeals dismissed as abandoned, without costs or disbursements.
Appeal from the order dated July 26, 1984 dismissed, without costs or disbursements (see, Matter of Aho, 39 N.Y.2d 241, 248). The order is brought up for review on the appeal from the judgment.
Judgment affirmed, insofar as appealed from, without costs or disbursements.
The record indicates that the Trial Judge at the first trial had improperly considered an ex parte conversation with plaintiff's attorney prior to issuing a supplemental order which resolved certain substantive issues involved in that trial (see, Code of Professional Responsibility, DR 7-110; Code of Judicial Conduct, Canon 3 A [4]; cf. B.G. Equip. Co. v American Ins. Co., 61 A.D.2d 247, affd 46 N.Y.2d 811). Accordingly, the court properly granted defendant's motion for a new trial. Mollen, P.J., Bracken, Brown and Rubin, JJ., concur.