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STEPHEN L. OPPENHEIM et al., as Copartners Practicing Under the Name of OPPENHEIM MELTZER, Respondents, v. DENNIS PEMBERTON et al., Defendants; DOLPHIN DEVELOPMENT CORPORATION et al., Respondents, and TREASURE LAKE ASSOCIATES, Appellant. (And Three Other Related Actions.)

The order appealed from granting a motion by defendants Dolphin Development Corporation, Blawite Properties, Inc., Fallsburgh Properties, Inc. and Edward J. Garling for partial summary judgment having been superseded by Supreme Court's order granting renewal of that earlier motion, this appeal, brought by defendant Treasure Lake Associates, has been rendered moot (see, Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C5517:1, at 174; see also, Public Serv. Truck Renting v Ambassador Ins. Co., 136 A.D.2d 911; Hyman v Hillelson, 79 A.D.2d 725, affd 55 N.Y.2d 624).

Appeal dismissed, as moot, without costs. Kane, J.P., Casey, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.

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OPPENHEIM v. PEMBERTON
(Oct 26, 1989)