Behrends v White Acre Acquisitions, LLC

2008 NY Slip Op 06784 [54 AD3d 700]

September 9, 2008

Appellate Division, Second Department

As corrected through Wednesday, October 29, 2008

Jon C. Behrends et al., Respondents, v White AcreAcquisitions, LLC, Appellant.

—[*1]Vergilis, Stenger, Roberts & Davis, LLP, Wappingers Falls, N.Y. (Kenneth M. Stengerof counsel), for appellant.

Corbally Gartland and Rappleyea, LLP, Poughkeepsie, N.Y. (Karen E. Hagstrom of counsel),for respondents.

In an action, inter alia, for a judgment declaring that two contracts for the sale of realproperty are void and unenforceable, the defendant appeals from an order of the Supreme Court,Dutchess County (Brands, J.), dated May 1, 2007, which denied its motion for summaryjudgment declaring that the contracts are enforceable and granted the plaintiffs' cross motion forsummary judgment declaring that the contracts are void and unenforceable.

Ordered that the appeal is dismissed, without costs or disbursements, as the order wassuperseded by an order of the same court dated August 2, 2007, made upon reargument (seeBehrends v White Acre Acquisitions, LLC, 54 AD3d 700 [2008] [decided herewith]).Rivera, J.P., Lifson, Santucci and Miller, JJ., concur.