American Barrick Resources Corp. v. Smith

Judgment, Supreme Court, New York County (William J. Davis, J.), entered April 19, 1990, which found in favor of defendants and dismissed the complaint, unanimously affirmed, with costs. The appeal from the order of the same court, entered April 3, 1990, is dismissed as superceded by the appeal from the aforesaid judgment, without costs.

In August 1989, defendants moved for summary judgment by motion returnable September 19, 1989. Plaintiffs failed to submit opposition to the motion, despite several extensions of time granted by defendants, and, in fact, caused the motion to be marked "off…