Appellate Division of the Supreme Court of the State of New York February 22, 2007 (Klepov v. Porges)

Appeal from order, Supreme Court, New York County (Harold B. Beeler, J.), entered December 20, 2005, which, inter alia, granted plaintiffs motion for summary judgment and denied defendant Porges’s cross motion for similar relief, unanimously dismissed as academic, with costs in favor of plaintiff payable by defendant-appellant.