SNOW v. GOTHAM STAFFING LLC (2024)

Supreme Court, Appellate Division, Second Department, New York.

Russell SNOW, etc., respondent, v. GOTHAM STAFFING, LLC, etc., et al., appellants.

2021–07831

Decided: May 22, 2024

ANGELA G. IANNACCI, J.P., LINDA CHRISTOPHER, LARA J. GENOVESI, BARRY E. WARHIT, JJ.

Martin Clearwater & Bell LLP, New York, NY (Barbara D. Goldberg and Jeffrey A. Shor of counsel), for appellants. Burns & Harris, New York, NY (Daniel T. Wright of counsel), for respondent.

DECISION & ORDER

In an action, inter alia, to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Kings County (Bernard J. Graham, J.), dated September 23, 2021. The order, insofar as appealed from, in effect, upon reargument, adhered to a prior determination in an order of the same court dated April 22, 2021, denying the defendants' cross-motion to compel the plaintiff to serve a certificate of merit and notice of medical malpractice and to transfer the action from the general negligence part to the medical malpractice part.

ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on a related appeal (see Snow v. Gotham Staffing, LLC, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2024 WL 2307348 [Appellate Division Docket No. 2021–05382; decided herewith]).

IANNACCI, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.

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