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BERKE v. HAMBY

279 A.D.2d 491 (2001)

718 N.Y.S.2d 887

ANDREW D. BERKE, Respondent, v. ROBERT I. HAMBY et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 16, 2001.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

By order dated December 17, 1999, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint (see, Berke v Hamby, 279 A.D.2d 491 [decided herewith]). Accordingly, the appeal from the order dated September 23, 1999, which denied the defendants' motion to strike the plaintiff's demand for a jury trial...

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