Parrales v Wonder Works Constr. Corp.

2008 NY Slip Op 07642 [55 AD3d 579]

October 7, 2008

Appellate Division, Second Department

As corrected through Wednesday, December 10, 2008

Oscar Parrales, Respondent, v Wonder Works ConstructionCorp. et al., Appellants. (And Third-Party Actions.)

—[*1]Smith Mazure Director Wilkins Young & Yagerman, P.C., New York, N.Y. (Louis H. Kleinand Mark Taustine of counsel), for appellants.

David P. Kownacki, P.C., New York, N.Y. (Andrew D. Leftt of counsel), forrespondent.

In an action to recover damages for personal injuries, the defendants appeal (1) from an order ofthe Supreme Court, Kings County (Schmidt, J.), dated October 5, 2006, and (2), as limited by theirbrief, from so much of an amended order of the same court dated July 30, 2007, as granted that branchof the plaintiff's motion which was for summary judgment on his Labor Law § 241 (6) cause ofaction.

Ordered that the appeals are dismissed as academic, without costs or disbursements.

The appeals from the order and the amended order are academic in light of our determination ofthe appeal in Parrales v Wonder Works Constr. Corp. (55 AD3d 579 [2008] [decidedherewith]) and, therefore, must be dismissed. Rivera, J.P., Miller, Angiolillo and Chambers, JJ., concur.