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SCALONE v. RACANELLI

296 A.D.2d 397 (2002)

745 N.Y.S.2d 442

JESSICA R. SCALONE, Plaintiff, v. FRANK P. RACANELLI, Defendant and Third-Party Plaintiff-Respondent. BEVERLY SPURLING et al., Third-Party Defendants-Respondents; MID NITE SNAX, INC., Third-Party Defendant-Appellant.

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

Decided July 1, 2002.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

"In general an appeal will be considered moot unless the rights of the parties will be directly affected by the determination of the appeal and the interest of the parties is an immediate consequence of the judgment" (Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714). Here, the defendant third-party...

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