John Bardes, et al., respondents, v. Gallo Pintado, et al., appellants. (2014)

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

John Bardes, et al., respondents, v. Gallo Pintado, et al., appellants.

2013–05969 (Index No. 465 /09)

Decided: March 26, 2014

REINALDO E. RIVERA, J.P. PLUMMER E. LOTT SHERI S. ROMAN SYLVIA O. HINDS–RADIX, JJ.

Kornfeld, Rew Newman & Simeone, Suffern, N.Y. (William S. Badura of counsel), for appellants. Grace & Grace, Yorktown Heights, N.Y. (Michael J. Grace of counsel), for respondents.

Argued—February 20, 2014

DECISION & ORDER

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Putnam County (Lubell, J.), dated May 6, 2013, which denied their renewed motion pursuant to CPLR 5015(a)(3) to vacate a judgment of the same court (Lubell, J.) entered June 10, 2011, upon, inter alia, an order of the same court (Nicolai, J.) dated January 20, 2011, granting the plaintiffs' unopposed motion for summary judgment on the issue of liability, and, in effect, to vacate the order dated January 20, 2011.

ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on a related appeal (see Bardes v. Pintado, _AD3d_ [Appellate Division Docket No. 2012–09435; decided herewith] ).

RIVERA, J.P., LOTT, ROMAN and HINDS–RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law