Lockwood v. City of Yonkers

179 A.D.3d 660

113 N.Y.S.3d 598 (Mem)

Garrett LOCKWOOD, et al., Respondents,

v.CITY OF YONKERS, Appellant.

2018–08506

Index No. 64529/14

Supreme Court, Appellate Division, Second Department, New York.

Argued - October 15, 2019

January 8, 2020

Spolzino Smith Buss & Jacobs LLP, White Plains, N.Y. (Robert A. Spolzino and Nancy Durand of counsel), for appellant.

McCarthy Kelly LLP, New York, N.Y. (William P. Kelly of counsel), for respondent.

MARK C. DILLON, J.P., JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (William J. Giacomo, J.), dated June 22, 2018. The order, insofar as appealed from, denied its motion, inter alia, pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred.

ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on the companion appeal (see Matter of Lockwood v. City of Yonkers , 179 A.D.3d 688, 116 N.Y.S.3d 383, 2020 WL 88898 [decided herewith] ).

DILLON, J.P., COHEN, CONNOLLY and CHRISTOPHER, JJ., concur.