KERN v. Bilmar Amusements N.Y. Party Work, Inc., third-party defendant-respondent. (2024)

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

Richard KERN, plaintiff, v. IONA COLLEGE, defendant third-party plaintiff-appellant; Bilmar Amusements N.Y. Party Work, Inc., third-party defendant-respondent.

2020–09642

Decided: August 07, 2024

MARK C. DILLON, J.P., PAUL WOOTEN, BARRY E. WARHIT, LILLIAN WAN, JJ.

Harrington, Ocko & Monk, LLP, White Plains, NY (Michael Flake and Allison J. Sanders of counsel), for defendant third-party plaintiff-appellant. Sobel Pevzner, LLC, New York, NY (Judy R. Meisel of counsel), for third-party defendant-respondent.

DECISION & ORDER

In an action to recover damages for personal injuries, the defendant third-party plaintiff appeals from an order of the Supreme Court, Suffolk County (Vincent J. Martorana, J.), dated November 17, 2020. The order, insofar as appealed from, granted the motion of the third-party defendant for summary judgment dismissing the third-party complaint.

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 Kern v. Iona College, ––– AD3d –––– [Appellate Division Docket No. 2022–02026; decided herewith]).

DILLON, J.P., WOOTEN, WARHIT and WAN, JJ., concur.

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