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MERENDA v. LISI

244 A.D.2d 535 (1997)

664 N.Y.S.2d 471

Joseph Merenda et al., Respondents, v. Kenneth M. Lisi et al., Appellants

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

November 24, 1997

Ordered that the appeal is dismissed as academic, with costs.

The defendants' motion sought, in effect, to prevent the taking of a second deposition of a nonparty witness. Inasmuch as a stay was not obtained, and the second deposition has since taken place, the appeal is dismissed as academic (see, People ex rel. Smalls v Tekben, 193 A.D.2d 828; Matter of Niagara Mohawk Power Corp. v New York State Dept. of Envtl...

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