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.

2021–06797

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 (Patrick J. Lawless 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 August 30, 2021. The order, insofar as appealed from, denied that defendant's motion for summary judgment dismissing the amended complaint and all cross-claims insofar as asserted against it.

ORDERED that the appeal is dismissed as academic, with costs, in light of our determination on a related appeal (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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