WEISS v. VACCA (2023)

DECISION & ORDER

In an action, inter alia, to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Joy F. Campanelli, J.), dated July 27, 2022.  The order denied the defendants’ motion, inter alia, to vacate so much of an order of the same court (Loren Baily–Schiffman, J.) dated December 9, 2021, as granted that branch of the plaintiffs’ cross-motion which was for leave to enter a default judgment, and granted the plaintiffs’ motion to schedule an inquest on damages.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed as academic in light of our determination on a related appeal (see Weiss v. Vacca, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2023 WL 5944053 [Appellate Division Docket No. 2021–05091;  decided herewith]).

DUFFY, J.P., IANNACCI, WOOTEN and GENOVESI, JJ., concur.