Seventy Nine Delancey Corp. v. Meridan Holding Corp. , 259 A.D. 1006 ( 1940 )

Since the questions here involved have become academic by reason of the affirmance of the judgment entered at Special Term in the action between the original parties, decided herewith (ante, p. 1006), this appeal is dismissed, without costs. Had our ruling been to the contrary, the appellant would have been well within its rights in seeking a recovery over against the defendant bank. Present — Martin, P. J., O’Malley, Townley, Glennon and Dore, JJ.