McGuckin v Snapple Distribs., Inc.
2007 NY Slip Op 05699 [41 AD3d 794]
June 26, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


Matthew J. McGuckin, Jr., Appellant,
v
Snapple Distributors, Inc., et al., Respondents.

—[*1] DeIorio Law Firm, LLP, Rye Brook, N.Y. (Howard Cohen and Robert G. Rafferty of counsel), for appellant.

Hogan & Hartson, LLP, White Plains, N.Y. (Bart G. Van de Weghe of counsel), for respondents.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), entered September 23, 2004, which denied his motion pursuant to CPLR 901 for class action certification.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

Our decision and order on a companion appeal from a subsequent order of the Supreme Court, Westchester County, granting the defendants' motion for summary judgment dismissing the amended complaint in this case (see McGuckin v Snapple Distribs., Inc., 41 AD3d 795 [2007]), renders this appeal academic. Mastro, J.P., Covello, Angiolillo and Dickerson, JJ., concur.