TRESKAS v. Persi Contracting Corp., et al., appellants (and a third-party action). (2025)

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

Omorfoula TRESKAS, respondent, v. STYLE & CARE, INC., et al., defendants, Persi Contracting Corp., et al., appellants (and a third-party action).

2021-08422

Decided: April 02, 2025

BETSY BARROS, J.P., WILLIAM G. FORD, HELEN VOUTSINAS, CARL J. LANDICINO, JJ.

Gallo Vitucci Klar LLP, New York, NY (Sean R. Hutchinson of counsel), for appellants.

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, the defendants Persi Contracting Corp. and Michael Persichilli appeal from an order of the Supreme Court, Queens County (Timothy J. Dufficy, J.), entered October 15, 2021. The order denied those defendants’ motion pursuant to CPLR 3211(a)(7) to dismiss the second amended complaint insofar as asserted against them.

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 Treskas v. Style & Care, Inc., ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 979822 [Appellate Division Docket No. 2021–01672; decided herewith]).

BARROS, J.P., FORD, VOUTSINAS and LANDICINO, JJ., concur.

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