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FOX v. FOX

44 A.D.3d 998 (2007)

843 N.Y.S.2d 846

NINA FOX, Appellant, v. NORRIS FOX, Respondent. (Action No. 1.) NORRIS FOX, Respondent, v. NINA FOX, Appellant. (Action No. 2.)

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

Decided October 30, 2007.

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

As the trial in the divorce action (action No. 2) has been completed and a judgment of divorce has been entered, the appeal from the instant order denying a motion to consolidate the divorce action with the action, inter alia, to recover damages for medical malpractice and abuse of process has been rendered academic (see Penafiel v Puretz, 12 A.D.3d 431

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