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BINGHAM v. STRUVE

245 A.D.2d 154 (1997)

666 N.Y.S.2d 590

A. Walker Bingham, III, et al., Appellants-Respondents, v. Catherine T. A. Struve, Respondent-Appellant

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

December 18, 1997

Plaintiffs' appeal from the above-described interlocutory order must be dismissed by reason of the subsequent entry of judgment dismissing the action (see, Matter of Aho, 39 N.Y.2d 241, 248). While we previously denied a motion by the defendant to dismiss the appeal, we did so by reason of our expectation that there would be an appeal from the final judgment bringing up for review the issues raised in the interlocutory appeal...

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