Supreme Court, Appellate Division, Second Department, New York.
Peter MARX, Treasurer of Garth Essex Tenants Association, Appellant,v.230 GARTH ROAD OWNERS, INC. et al., Respondents.
June 2, 1980.
Plaintiff brought action, inter alia, for permanent injunction. The Supreme Court, Westchester County, Rubenfeld, J., denied motion for preliminary injunction, and plaintiff appealed. The Supreme Court, Appellate Division, held that where underlying action had proceeded to final judgment, appeal from order denying motion for preliminary injunction would be dismissed as academic.
Appeal and Error 790(2)30k790(2) Most Cited Cases
Where underlying action had proceeded to final judgment, appeal from order of lower court which denied motion for preliminary injunction would be dismissed as academic. **310 Edward L. Schiff, New York City (Edward L. Schiff and Lynette Rich, New York City, of counsel), for appellant.
Dreyer & Traub, New York City (Samuel Kirschenbaum, New York City, of counsel), for respondents other than the Attorney-General.
Before MANGANO, J. P., and GULOTTA, COHALAN and MARGETT, JJ.
MEMORANDUM BY THE COURT.
In an action inter alia for a permanent injunction, plaintiff appeals from an order of the Supreme Court, Westchester County, entered February 5, 1980, which denied his motion for a preliminary injunction.
Appeal dismissed as *832 academic, without costs or disbursements.
The underlying action has proceeded to final judgment. Accordingly, the appeal must be dismissed.
428 N.Y.S.2d 310, 76 A.D.2d 831
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