KAGAN v. KROPP (2024)

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

Jeffrey W. KAGAN, et al., appellants, v. James D. KROPP, et al., respondents.

2021-03378

Decided: June 26, 2024

ANGELA G. IANNACCI, J.P., LARA J. GENOVESI, DEBORAH A. DOWLING, JANICE A. TAYLOR, JJ.

Law Offices of David A. Antwork, P.C., Merrick, NY, for appellants. Glynn Mercep and Purcell, LLP, Stony Brook, NY (A. Craig Purcell of counsel), for respondents (no brief filed).

DECISION & ORDER

In an action, inter alia, for a judgment declaring that the plaintiffs are the owners of certain real property by adverse possession, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Kathy G. Bergmann, J.), dated May 11, 2021. The order denied the plaintiffs’ motion for a preliminary injunction.

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

The appeal must be dismissed as academic in light of our determination on a related appeal (see Kagan v. Kropp, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2024 WL 3168052 [Appellate Division Docket No. 2022–07699; decided herewith]).

IANNACCI, J.P., GENOVESI, DOWLING and TAYLOR, JJ., concur.

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