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BENNERMAN v. GENERAL MOTORS CORPORATION

39 A.D.3d 788 (2007)

832 N.Y.S.2d 811

JAMES BENNERMAN, Appellant, v. GENERAL MOTORS CORPORATION, Respondent, et al., Defendants.

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

Decided April 24, 2007.

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

As a result of a subsequent order of the Supreme Court, Dutchess County, dated July 11, 2006, which granted that branch of the plaintiff's motion which was to restore the action to the trial calendar, the issue of whether the court properly denied the plaintiff's motion, inter alia, to extend his time to move, in effect, to restore the action to the trial calendar pursuant to CPLR 3404 has been rendered...

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