Orix Credit Alliance, Inc. v. Grace Industries, Inc.

—In an action, inter alia, to recover on a conditional-sale-contract note, the plaintiff appeals from an order of the Supreme Court, Queens *504County (Rutledge, J.), dated August 28, 1995, which denied, its motion pursuant to CPLR 2508 to require the defendant Grace Industries, Inc., to file a new or additional undertaking pending an appeal from an order of the same court, dated May 22, 1995.

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

On this appeal, the plaintiff challenges the adequacy of an undertaking filed by the defendant Grace Industries, Inc.…