Langer v. Garay

Appeal by defendants from order entered May 20, 1968, insofar as such order denied defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (subd. [a], par. 7), dismissed, without costs or disbursements. The service of an amended complaint pursuant to the direction of the court renders such appeal academic (Miglietta v. Kennecott Copper Corp., 22 A D 2d 874). Order, entered May 20, 1968, unanimously modified, on the law and on the facts, to delete the fifth decretal paragraph thereof denying plaintiff’s cross motion to strike the appearance of defendants’ counsel as attorney for…