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ORIX CREDIT ALLIANCE, INC., Appellant, v. GRACE INDUSTRIES, INC., et al., Respondents.

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. (hereinafter Grace) to stay execution of a money judgment in the plaintiffs favor pending a separate appeal by Grace and its codefendants from an order which denied its motion to vacate that judgment. However, since we have determined that the appeal by Grace is meritorious and that the money judgment must be vacated ( see, Orix Credit Alliance v Grace Indus., 231 AD2d 502 [decided herewith]), the present appeal has been rendered academic and therefore is dismissed.

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ORIX CREDIT ALLIANCE v. GRACE INDUSTRIES
(Sep 9, 1996)