BROOKS v. MAINTENANCE SERVICE RESOURCES, INC.


44 A.D.3d 892 (2007)

843 N.Y.S.2d 833

KISNET BROOKS, Appellant-Respondent, v. MAINTENANCE SERVICE RESOURCES, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant. ALLIED EXTERMINATING, Third-Party Defendant-Respondent-Appellant.

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

Decided October 23, 2007.


Ordered that the appeal and cross-appeals are dismissed as academic, without costs or disbursements, in light of our determination of an appeal and cross appeal from an interlocutory judgment of the Supreme Court, Kings County, dated June 28, 2005 (see Brooks v Maintenance Serv. Resources, Inc., 44 A.D.3d 887 [2007] [decided herewith]).

Fisher, J. (dissenting and voting to affirm the order insofar as appealed and cross-appealed...

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