Ruck v. Brasser — 15 A.D.2d 807

Majority

p. 807

Emma C. Ruck, Appellant-Respondent, v. Joseph Brasser, Appellant, and John H. Dierks, Respondent.

Motion by respondent Diercks to dismiss appeal of the plaintiff-appellant for lack of prosecution, granted; appeal dismissed. Motion by respondent Diercks to dismiss the cross appeal of the defendant-appellant Brasser granted and appeal dismissed on the ground that such appeal becomes academic in view of the dismissal of the plaintiff’s appeal. Beldoek, P. J., Kleinfeld, Brennan, Hill and Rabin, JJ., concur.