Elizabeth Kitchen v. Port Authority of New York and New Jersey

—Appeal from order, Supreme Court, New York County (Shirley Fingerhood, J.), entered January 4, 1994, which sua sponte amended a prior order of the same court and Justice, entered on or about October 1, 1993, to dismiss fourth-party defendant Delta Airlines, Inc.’s cross claims as moot, unanimously dismissed, without costs.

In the order entered on or about October 1, 1993, the IAS Court granted fourth-party defendant Delta Airlines’ motion for summary judgment dismissing the fourth-party complaint and further awarded it judgment on its cross claims. Delta thereafter moved for an order amending…