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

Appellate Division of the Supreme Court of New York

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

Appellate Division of the Supreme Court of the State of New York·Decided February 22, 1996·Published·Cited by 1 cases

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.

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—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.

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 (N.Y. Ct. App. 1996).

Pincite

224 A.D.2d 319 (Adjmi 936 Realty Associates v. New York Property Insurance Underwriting Ass'n) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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