ALL TERRAIN PROPERTIES, INC. v. HOY


277 A.D.2d 50 (2000)

719 N.Y.S.2d 552

ALL TERRAIN PROPERTIES, INC. v. HOY.

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

Decided November 9, 2000.


It should be apparent that, upon dismissal of the complaint (order entered February 18, 1999, Leland DeGrasse, J.), plaintiff's pending application for the same or similar relief was rendered moot. As such, its denial was not a disposition on the merits and, upon reinstatement of the complaint, the instant application is not barred by the doctrine of law...

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