ROWE v. Volmar Construction, Inc., appellant. (2024)

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

Glenson ROWE, respondent, v. 4601 SECOND AVE, LLC, defendant, Volmar Construction, Inc., appellant.

2020–08308

Decided: July 10, 2024

VALERIE BRATHWAITE NELSON, J.P., DEBORAH A. DOWLING, HELEN VOUTSINAS, LAURENCE L. LOVE, JJ.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York, NY (I. Elie Herman and Judy Selmeci of counsel), for appellant. Wiese & Aydiner, PLLC, Mineola, NY (Si Aydiner of counsel), for respondent.

DECISION & ORDER

In an action to recover damages for personal injuries, the defendant Volmar Construction, Inc., appeals from an order of the Supreme Court, Kings County (Loren Baily–Schiffman, J.), dated October 13, 2020. The order, insofar as appealed from, denied that branch of that defendant's cross-motion which was to vacate an order of the same court dated June 27, 2019, inter alia, granting that branch of the plaintiff's motion which was for leave to amend the complaint to add Volmar Construction, Inc., as a defendant.

ORDERED that this appeal is dismissed as academic, with costs, in light of our determination on the appeal from the order dated June 27, 2019 (see Rowe v. 4601 Second Ave, LLC, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2024 WL 3351838 [Appellate Division Docket No. 2021–00853; decided herewith]).

BRATHWAITE NELSON, J.P., DOWLING, VOUTSINAS and LOVE, JJ., concur.

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