Hummingbird Restaurant, Inc. v. Brighton Commons Partnership

Appeal from order insofar as it denied plaintiffs motion to vacate order dismissing plaintiff’s causes of action unanimously dismissed as moot (see, Marine Midland Bank v Fisher, 85 AD2d 905) and otherwise order affirmed without costs. Same Memorandum as in Johnson & Sons Enters, v Brighton Commons Partnership ([appeal No. 3] 171 AD2d 1059 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Fritsch, J. — Restore to Calendar.) Present — Dillon, P. J., Denman, Balio, Lawton and Lowery, JJ.