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

Reset A A Font size: Print

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

Copied to clipboard