| 767 Third Ave. LLC v ORIX Capital Mkts., LLC |
| 2006 NY Slip Op 01385 [26 AD3d 294] |
| February 28, 2006 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 767 Third Avenue LLC et al., Plaintiffs, v ORIX Capital Markets, LLC, Appellant. Flushing Savings Bank, F.S.B. et al., Nonparty Respondents. |
—[*1]Appeal from order, Supreme Court, New York County (Bernard J. Fried, J.), entered September 30, 2005, which granted nonparty respondents' motions to quash defendant's subpoenas, unanimously dismissed as academic, without costs.
The appeal has been rendered academic by our dismissal of the complaint in Appeal No. 7505-06 (26 AD3d 216 [2006]). Concur—Saxe, J.P., Marlow, Gonzalez, Catterson and McGuire, JJ.