MUSSENDEN v. RAPID PROCESSING LLC (2024)

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

David MUSSENDEN, appellant, v. RAPID PROCESSING, LLC, respondent, et al., defendant.

2021–09406

Decided: July 31, 2024

COLLEEN D. DUFFY, J.P., PAUL WOOTEN, LILLIAN WAN, JANICE A. TAYLOR, JJ.

Weitzman Law Offices, LLC, New York, NY (Raphael Weitzman of counsel), for appellant. Dealy, Silberstein & Braverman, LLP, New York, NY (Milo Silberstein of counsel), for respondent.

DECISION & ORDER

In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Kings County (Mark I. Partnow, J.), dated November 12, 2021. The order granted the motion of the defendant Rapid Processing, LLC, pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it.

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

This appeal from an order dated November 12, 2021, which granted the motion of the defendant Rapid Processing, LLC, pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it on the ground that the action was time-barred, has been rendered academic in light of our determination on a related appeal (see Mussenden v. Rapid Processing, LLC, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2024 WL 3588131 [Appellate Division Docket No. 2021–03614; decided herewith]).

DUFFY, J.P., WOOTEN, WAN and TAYLOR, JJ., concur.

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