Appellate Terms of the Supreme Court of New York, 1960

Bux v. Robinson

Appellate Terms of the Supreme Court of New York · Decided December 8, 1960

28 Misc. 2d 585; 219 N.Y.S.2d 812; 1960 N.Y. Misc. LEXIS 2064

Counsel

David L. Delman for appellant. Arthur Liebling, Emanuel Thebner, Abraham 8. Robinson and Martin J. McLaughlin for respondents.

Opinion of the Court

Per Curiam.

Appellant having failed to stay the separate trial of the issues raised by the affirmative defense, and a trial having been had resulting in the dismissal of the complaint and no record on appeal having been filed in this court from said judgment of dismissal, this appeal has become academic and should be dismissed.

The appeal should be dismissed.

Concur — Steuer, J. P., Hofstadter and Aurelio, JJ.

Appeal dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.