MELIKOV v. Omar Fakhoury, Defendant–Appellant. (2024)

Appeal from order, Supreme Court, New York County (Arlene P. Bluth, J.), entered on or about July 7, 2023, which, to the extent appealed from, denied defendant Omar Fakhoury's motion for summary judgment dismissing the cross-claim of defendants 66 Overlook Terrace Corp and Tudor Realty Services, Corp. for contractual indemnification, unanimously dismissed, without costs, as moot.

After entry of the order on appeal, Supreme Court granted a motion by 66 Overlook Terrace and Tudor Realty to the extent the motion sought summary judgment on their cross-claim for contractual indemnification.  We take judicial notice of that order (see e.g., Gilat v. Sutton, 220 A.D.3d 569, 570, 198 N.Y.S.3d 318 [1st Dept. 2023]), dated September 7, 2023, which effectively superseded the order on appeal and rendered it moot (see Matter of T.R. [Jaquasia G.], 227 A.D.3d 530, 530, 211 N.Y.S.3d 325 [1st Dept. 2024]).  Fakhoury and plaintiff Bakhtiyor Melikov failed to appeal from the September 7 superseding order, making it law of the case on the issue (see e.g. Antonetti v. City of New York, 111 A.D.3d 558, 559, 976 N.Y.S.2d 42 [1st Dept. 2013]).

In view of the foregoing, we need not consider Fakhoury's remaining contentions.