| Rosedale Lend, LLC v Kanterakis |
| 2017 NY Slip Op 05108 |
| Decided on June 21, 2017 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 21, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
2015-06395
(Index No. 14492/14)
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.
DECISION & ORDER
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, __ AD3d __), this appeal has been rendered academic.
RIVERA, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.
ENTER:Aprilanne Agostino
Clerk of the Court