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McCORD v. AM. GOLF, INC.

245 A.D.2d 349 (1997)

666 N.Y.S.2d 22

James McCord, Respondent, v. American Golf, Inc., Appellant

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

December 8, 1997

Ordered that the appeal from the order denying the defendant's motion to vacate the plaintiff's note of issue and strike the case from the calendar is dismissed as abandoned and as academic since the plaintiff never filed a note of issue; and it is further,

Ordered that the order which, in effect, granted the plaintiff's cross motion for summary judgment is reversed, the cross motion is denied, the defendant's opposition papers are deemed an application for leave...

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