Miller v. World Courier, Inc.

Appellate Division of the Supreme Court of New York

Miller v. World Courier, Inc.

70 A.D.2d 519, 417 N.Y.S.2d 199, 1979 N.Y. App. Div. LEXIS 11876

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 3, 1979

StatusPublished

This text of 70 A.D.2d 519 (Miller v. World Courier, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. World Courier, Inc., 70 A.D.2d 519, 417 N.Y.S.2d 199, 1979 N.Y. App. Div. LEXIS 11876 (N.Y. Ct. App. 1979).

Pincite

Opinion

—Appeal from order, Supreme Court, New York County, entered December 21, 1977, denying appellants’ motion for a joint reference, unanimously dismissed as moot with one bill of costs and disbursements to respondents Miller and Berger-Miller, Inc. In one of the proceedings, the reference concerned the first cause of action which was subsequently satisfied. Since there remain for reference only the issues in the other proceeding, there is nothing capable of joinder with them for the purpose of the reference. Hence, this appeal is moot. Were we not dismissing the appeal for that reason, we would affirm. Concur—Kupferman, J. P., Birns, Sandler, Markewich and Silverman, JJ.

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—Appeal from order, Supreme Court, New York County, entered December 21, 1977, denying appellants’ motion for a joint reference, unanimously dismissed as moot with one bill of costs and disbursements to respondents Miller and Berger-Miller, Inc. In one of the proceedings, the reference concerned the first cause of action which was subsequently satisfied. Since there remain for reference only the issues in the other proceeding, there is nothing capable of joinder with them for the purpose of the reference. Hence, this appeal is moot. Were we not dismissing the appeal for that reason, we would affirm. Concur—Kupferman, J. P., Birns, Sandler, Markewich and Silverman, JJ.

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Bluebook (online)

70 A.D.2d 519, 417 N.Y.S.2d 199, 1979 N.Y. App. Div. LEXIS 11876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-world-courier-inc-nyappdiv-1979.