Civil Procedure · MBE-tested
Daniel Tavernier, Plaintiff, v. Irving J. Toner, as President and Treasurer of Warsaw Television Cable Corp., et al., Defendants and Third-Party Plaintiffs-Appellants. John B. Elliott, Third-Party Defendant-Respondent
155 A.D.2d 949·New York Supreme Court, Appellate Division·1989·NY
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Opinion
Daniel Tavernier, Plaintiff, v Irving J. Toner, as President and Treasurer of Warsaw Television Cable Corp., et al., Defendants and Third-Party Plaintiffs-Appellants. John B. Elliott, Third-Party Defendant-Respondent.
(Appeal No. 2.)
[MAJORITY]
Appeal unanimously dismissed as academic without costs. Same memorandum as in Tavernier v Toner ([appeal No. 1] 155 AD2d 948 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Joslin, J. — -dismiss complaint.) Present— Callahan, J. P., Denman, Green, Pine and Lawton, JJ.