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

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 June 30, 2021.  The order, insofar as appealed from, upon reargument, adhered to a prior determination in an order of the same court entered January 7, 2021, granting that branch of the plaintiffs’ cross-motion which was pursuant to CPLR 3025(b) for leave to amend the amended complaint to add Michael Persichilli as a defendant and to add causes of action alleging violations of Lien Law article 3–A and breach of trust against the defendant Persi Contracting Corp. and Michael Persichilli.

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 the appeal from the order entered January 7, 2021 (see Treskas v. Style & Care, Inc., ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 993503 [Appellate Division Docket No. 2021–01672;  decided herewith]).

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