MOONBEAM GATEWAY MARINA LLC v. CHAN (2025)

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

MOONBEAM GATEWAY MARINA, LLC, respondent, v. Tai CHAN, appellant.

2024-05127

Decided: June 25, 2025

MARK C. DILLON, J.P., PAUL WOOTEN, LOURDES M. VENTURA, DONNA–MARIE E. GOLIA, JJ.

Bryant & Pipenger, LLP, Mineola, NY (Matt Bryant of counsel), for appellant. Andrei A. Popescu, PLLC, Brooklyn, NY, for respondent.

DECISION & ORDER

In an action, inter alia, to recover damages for defamation, the defendant appeals from an order of the Supreme Court, Kings County (Francois A. Rivera, J.), dated April 18, 2024. The order, insofar as appealed from, in effect, denied that branch of the defendant's motion which was for an award of attorneys’ fees incurred by him in prosecuting that branch of his separate motion which was pursuant to Civil Rights Law § 70–a(1)(a) for an award of costs and attorneys’ fees.

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 Moonbeam Gateway Marina, LLC v. Tai Chan, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 1749252 [Appellate Division Docket No. 2024–02127; decided herewith]).

DILLON, J.P., WOOTEN, VENTURA and GOLIA, JJ., concur.

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