MEDERA v. Charles Amner, et al., third-party defendants. (2025)

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

Amanda MEDERA, respondent, v. Donald DONACIEN, defendant third-party plaintiff-appellant; Charles Amner, et al., third-party defendants.

2023-10858

Decided: March 05, 2025

LARA J. GENOVESI, J.P., LINDA CHRISTOPHER, DEBORAH A. DOWLING, LAURENCE L. LOVE, JJ.

James F. Butler, Jericho, NY (Marcella Gerbasi Crewe of counsel), for defendant third-party plaintiff-appellant. Baker, McEvoy & Moskovits (Marjorie E. Bornes, Freeport, NY, of counsel), for third-party defendants.

DECISION & ORDER

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Pam B. Jackman Brown, J.), entered October 23, 2023. The order, insofar as appealed from, failed to determine the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident.

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

We do not reach the defendant's arguments regarding his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident. The motion was not addressed in the order appealed from and, therefore, remains pending and undecided (see Braithwaite v. City of New York, 220 A.D.3d 834, 835, 196 N.Y.S.3d 567; Katz v. Katz, 68 A.D.2d 536, 543, 418 N.Y.S.2d 99). Accordingly, we dismiss the appeal.

GENOVESI, J.P., CHRISTOPHER, DOWLING and LOVE, JJ., concur.

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