Tucker v. Hotel Employees & Restaurant Employees Union

In an action to recover damages for breach of an employment contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated May 8, 1986, which denied his motion to restore this action to the Trial Calendar.

Ordered that the appeal from so much of the order as affects the defendant Frank Pries is dismissed, without costs or disbursements, as that defendant died before the bringing of the plaintiffs motion and the order is void as to him; and it is further,

Ordered that the order is otherwise affirmed, without costs or disbursements.

This matter was marked off…