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Soundiata v Prefco Corp.
2006 NY Slip Op 50711(U) [11 Misc 3d 142(A)]
Decided on April 25, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 25, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., GANGEL-JACOB, SCHOENFELD, JJ
570157/05.

Okiko Malik Soundiata, Plaintiff-Respondent,

against

Prefco Corporation and HAWTHORNE LEE, INC. Defendants-Appellants.


Defendants appeal from an order of the Civil Court, New York County (Debra Rose Samuels, J.), entered January 18, 2005, which denied their motion to strike plaintiff's notice of trial.


Per Curiam:

Appeal from order (Debra Rose Samuels, J.), entered January 18, 2005, dismissed, without costs, as moot.

This appeal has been rendered moot by the dismissal of the underlying complaint in Soundiata v Prefco Corporation and Hawthorne Lee, Inc., appeal numbered 05-117, decided herewith.

This constitutes the order of the Court.
Decision Date: April 25, 2006