Mattsson v. Johns-Manville Products Corp.

Appellate Division of the Supreme Court of New York

Mattsson v. Johns-Manville Products Corp.

78 A.D.2d 793, 434 N.Y.S.2d 1003, 1980 N.Y. App. Div. LEXIS 13449

Appellate Division of the Supreme Court of the State of New York·Decided November 6, 1980·Published·Cited by 2 cases

Opinion

Appeal from order, Supreme Court, New York County, entered on December 11,1979, granting summary judgment in favor of the defendants and dismissing the complaint, unanimously dismissed, without costs and without disbursements. Appellants having been granted leave to replead and having done so, this appeal is moot. (Halmar Distrs. Corp. v Approved Mfg. Corp., 49 AD2d 841.) Had we reached the merits, we would have affirmed. (Thornton v Roosevelt Hosp., 47 NY2d 780; Rosenberg v Johns-Manville Sales Corp., 78 AD2d 784.) Concur — Birns, J. P., Sullivan, Markewich, Silverman and Yesawich, JJ.

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Appeal from order, Supreme Court, New York County, entered on December 11,1979, granting summary judgment in favor of the defendants and dismissing the complaint, unanimously dismissed, without costs and without disbursements. Appellants having been granted leave to replead and having done so, this appeal is moot. (Halmar Distrs. Corp. v Approved Mfg. Corp., 49 AD2d 841.) Had we reached the merits, we would have affirmed. (Thornton v Roosevelt Hosp., 47 NY2d 780; Rosenberg v Johns-Manville Sales Corp., 78 AD2d 784.) Concur — Birns, J. P., Sullivan, Markewich, Silverman and Yesawich, JJ.

Mattsson v. Johns-Manville Products Corp., 78 A.D.2d 793, 434 N.Y.S.2d 1003, 1980 N.Y. App. Div. LEXIS 13449 (N.Y. Ct. App. 1980).

Pincite

78 A.D.2d 793 (Mattsson v. Johns-Manville Products Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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