Opinion
06-21-2017
ROSEDALE LEND, LLC, respondent, v. Emily KANTERAKIS, defendant, Bernard Duffy, et al., appellants.
McCarter & English, LLP, New York, NY (Joseph J. Cherico of counsel), for appellants. Butler, Fitzgerald, Fiveson & McCarthy, New York, NY (David K. Fiveson and Julie A. Levine of counsel), for respondent.
McCarter & English, LLP, New York, NY (Joseph J. Cherico of counsel), for appellants.
Butler, Fitzgerald, Fiveson & McCarthy, New York, NY (David K. Fiveson and Julie A. Levine of counsel), for respondent.
Appeal from an order of the Supreme Court, Queens County (Rudolph E. Greco, Jr., J.), dated April 20, 2015. The order, insofar as appealed from, denied that branch of the motion of the defendants Bernard Duffy and Capital One Bank which was pursuant to CPLR 3211(a)(5) and (7) to dismiss the complaint insofar as asserted against them. ORDERED that the appeal is dismissed as academic, without costs or disbursements.
In light of our determination on the related appeal decided herewith (Kanterakis v. Minos Realty I, LLC, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2017 WL 2662509 ), this appeal has been rendered academic.
RIVERA, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.