Ordered that the appeal is dismissed as academic, without costs or disbursements.
The plaintiff Marilyn Srsich suffered injuries on July 30, 1991, when she allegedly fell on premises owned by the defendants Hazel Giarraputo and Thomas Newman as tenants in common. Giarraputo was served with process, naming her and Newman as defendants, on April 13, 1994. Newman was served on May 5, 1995.
In an affirmative defense in his answer and in a subsequent cross motion...
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