Marx v. 230 Garth Road Owners, Inc.

In an action, inter alia, for a permanent injunction, plaintiff appeals from an order of the Supreme Court, Westchester County, entered February 5, 1980, which denied his motion for a preliminary injunction. Appeal dismissed as *832academic, without costs or disbursements. The underlying action has proceeded to final judgment. Accordingly, the appeal must be dismissed. Mengano, J. P., Gulotta, Cohalan and Margett, JJ., concur.