Hummingbird Restaurant v. Brighton Commons

Full title: HUMMINGBIRD RESTAURANT, INC., Appellant, v. BRIGHTON COMMONS PARTNERSHIP…

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

Date published: Mar 8, 1991

171 A.D.2d 1059 (N.Y. App. Div. 1991)

569 N.Y.S.2d 40

Opinion

March 8, 1991

Appeal from the Supreme Court, Monroe County, Fritsch, J.

Present — Dillon, P.J., Denman, Balio, Lawton and Lowery, JJ.

Appeal from order insofar as it denied plaintiff's motion to vacate order dismissing plaintiff's causes of action unanimously dismissed as moot (see, Marine Midland Bank v Fisher, 85 A.D.2d 905) and otherwise order affirmed without costs. Same Memorandum as in Johnson Sons Enters. v Brighton Commons Partnership ([appeal No. 3] 171 A.D.2d 1059 [decided herewith]).