Adjmi 936 Realty Associates v. New York Property Insurance Underwriting Ass'n

224 A.D.2d 319, 638 N.Y.S.2d 308, 1996 N.Y. App. Div. LEXIS 1298

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 22, 1996
• Status: Published

Opinion

—Appeal from order, Supreme Court, New York County (Martin Schoenfeld, J.), entered December 2, 1994, which denied E&N Holding Company’s motion to intervene, unanimously dismissed, as moot, without costs.

This appeal has been mooted by the dismissal of the underlying action, from which disposition no appeal has been taken. The proposed intervenor’s rights are purely derivative and do not survive dismissal of the insured’s action. Concur — Sullivan, J. P., Ellerin, Nardelli and Williams, JJ.