Opinion
2001-09391
November 21, 2002.
December 23, 2002.
In an action to recover damages for personal injuries, etc., the defendant Luis A. Caban appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated September 17, 2001, as amended April 9, 2002, as granted that branch of the plaintiffs' motion which was for reargument of the appellant's prior motion for summary judgment dismissing the complaint insofar as asserted against him, vacated so much of a prior order of the same court dated January 17, 2001, as granted the appellant's motion for summary judgment, and, upon reargument, held the appellant's motion for summary judgment in abeyance.
Beck Iannuzzi, P.C., Brooklyn, N.Y. (Frank J. Lombardo of counsel), for appellant.
Marshall and Bellard, Garden City, N.Y. (Christina C. Vassilas of counsel), for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, CORNELIUS J. O'BRIEN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
The Supreme Court held the appellant's motion for summary judgment in abeyance, thus leaving the motion pending and undecided. Accordingly, the appeal is dismissed, without consideration of the merits (see GL Indus./Old Actions Labs v. Bell Bates, 293 A.D.2d 511; Lavi v. Old Cedar Dev. Corp., 281 A.D.2d 397; Katz v. Katz, 68 A.D.2d 536).
FEUERSTEIN, J.P., SMITH, O'BRIEN and GOLDSTEIN, JJ., concur.