Opinion
14092-14092A Index No. 655391/19 Case Nos. 2021-00317, 2021-00405
06-17-2021
Cesar ALVAREZ et al., Plaintiffs–Respondents, Steven Mnuchin et al., Plaintiffs, v. XL SPECIALTY INSURANCE COMPANY, Defendant–Appellant, QBE Insurance Corporation, Defendant.
Skarzynski Marick & Black LLP, New York ( Alexis J. Rogoski of counsel), for appellant. Sullivan & Cromwell LLP, New York ( Brian D. Glueckstein of counsel), for respondents.
Skarzynski Marick & Black LLP, New York ( Alexis J. Rogoski of counsel), for appellant.
Sullivan & Cromwell LLP, New York ( Brian D. Glueckstein of counsel), for respondents.
Manzanet–Daniels, J.P., Kapnick, Gonza´lez, Shulman, JJ.
Appeal from order, Supreme Court, New York County (Andrea Masley, J.), entered on or about December 29, 2020, which, inter alia, vacated a prior order granting summary judgment against defendant XL Specialty Insurance Company (XL), unanimously dismissed, without costs, as XL is not an aggrieved party under the order. Appeal from order, same court and Justice, entered on or about December 1, 2020, which granted summary judgment against XL and declared that plaintiffs had a right to coverage for causes of action against them in the underlying action pursuant to a 2017–2024 policy issued by XL, except for claims arising from the Seritage transaction, unanimously dismissed, without costs, as moot.
XL is not an aggrieved party of the December 29, 2020 order, which vacated the prior order awarding summary judgment against XL ( CPLR 5511 ).
XL's appeal of the court's prior order, which had granted summary judgment against XL, is moot because the order was subsequently vacated ( see Matter of Kyshawn J., 158 A.D.3d 440, 67 N.Y.S.3d 825 [1st Dept. 2018] ; Matter of State of New York v. Richard TT., 127 A.D.3d 1528, 8 N.Y.S.3d 693 [3d Dept. 2015] ).