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MATTER OF MILLER v. WORLD COURIER, INC.

70 A.D.2d 519 (1979)

In the Matter of John G. Miller, Respondent, v. World Courier, Inc., Appellant In the Matter of James R. Berger, Appellant, v. Berger-Miller, Inc., et al., Respondents

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

May 3, 1979

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...

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