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BAZERMAN v. EDWARDS

295 A.D.2d 115 (2002)

742 N.Y.S.2d 822

STEVEN H. BAZERMAN, Respondent, v. DEBORAH J. EDWARDS, Appellant.

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

Decided June 4, 2002.

After the motion and cross motion were decided, a nonjury trial was conducted on, inter alia, defendant's fourth counterclaim for breach of contract for failure to pay on a note. The trial court found the note unenforceable for lack of consideration. Thus, defendant's appeal from the denial of summary judgment upon her fourth counterclaim is moot (see, Hersh v New York City Tr. Auth., 290 A.D.2d 258, 259; General Elec. Co. v Rabin...

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