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JONES v. PARK REALTY

168 A.D.2d 945 (1990)

Harvey C. Jones, as Parent and Natural Guardian of Harvey C. Jones, Jr., an Infant, Respondent, v. Park Realty et al., Appellants. (Appeal No. 1.)

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

December 21, 1990

Appeal dismissed without costs.

Memorandum:

Because we have reversed the order denying the motion for summary judgment and have granted summary judgment dismissing the complaint, the appeal from this order is moot (see, Jones v Park Realty [appeal No. 2], 168 A.D.2d 945 [decided herewith]).

Balio and Lawton, JJ. (dissenting).

We respectfully dissent. Inasmuch as we concluded in our dissenting...

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