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HERALD SQUARE FOOT CARE ASSOCIATES, INC. v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA

257 A.D.2d 551 (1999)

682 N.Y.S.2d 592

HERALD SQUARE FOOT CARE ASSOCIATES, INC., et al., Plaintiffs, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Defendant. MATARAZZO BLUMBERG & ASSOCIATES, P. C., Nonparty Appellant; HERALD CENTER DEPARTMENT STORES, L.P., Nonparty Respondent.

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

Decided January 28, 1999.

The underlying action having been discontinued with prejudice on November 21, 1997, after entry of the order appealed from, "no action presently exists to ground the motion made by the nonparty [appellant]" (D'Amico v Nuzzo, 194 A.D.2d 761), and the appeal from the motion's denial must accordingly be dismissed. The relief nonparty appellant seeks cannot now be obtained except within the context of a newly commenced separate plenary...

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