NAT'L CARLOADING CORP. v. MIDWEST HAULERS, INC.


40 A.D.2d 671 (1972)

National Carloading Corporation, Plaintiff, v. Midwest Haulers, Inc., et al., Defendants. (Action No. 1.) American Home Products Corp., Respondent-Appellant, and Ayerst Laboratories et al., Respondents, v. National Carloading Corporation et al., Defendants-Appellants National Carloading Corporation, Defendant and Third-Party Plaintiff-Respondent-Appellant, v. Midwest Haulers, Inc., Third-Party Defendant-Appellant. (Action No. 2.)

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

October 31, 1972


Appeals pertaining to so much of said order as granted partial summary judgment in favor of plaintiff in action No. 2, American Home Products Corp., unanimously dismissed as academic, without costs and without disbursements. Special Term erred in treating defendant Quinn's motion as one for reargument rather than renewal. Our reversal of that order renders academic the appeals from so much of the earlier order as granted partial...

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