David Wassertheil, appellant, v. LLC (2012)

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

David Wassertheil, appellant, v. Elburg, LLC, defendant, Encore Development, Inc., respondent.

2011–07362 (Index No. 11570 /09)

Decided: April 03, 2012

REINALDO E. RIVERA, J.P. JOHN M. LEVENTHAL SHERI S. ROMAN JEFFREY A. COHEN, JJ.

Michael D. Ribowsky, Richmond Hill, N.Y., for appellant. Downing & Peck, P.C., New York, N.Y. (Marguerite D. Peck of counsel), for respondent.

Submitted—February 21, 2012

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Spodek, J.), dated June 29, 2011, as denied that branch of his motion which was for leave to renew his prior motion to enter a judgment against the defendant Encore Development, Inc., upon that defendant's default in appearing and answering the complaint, which had been denied in an order of the same court dated August 23, 2010.

ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination in the companion appeal (see Wassertheil v. Elburg, LLC [decided herewith] ).

RIVERA, J.P., LEVENTHAL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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