Ordered that the appeal is dismissed as academic, without costs or disbursements.
The underlying tort action was commenced by John O'Gorman against R.J. Hyland, Inc., d/b/a Bob Hyland's Sports Page (hereinafter Hyland) and another defendant to recover damages for personal injuries that he sustained during an altercation which occurred on August 22, 1987, at Hyland's restaurant.
The first cause of action asserted in the underlying tort action alleged that Hyland...
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