Bardes v Pintado
2014 NY Slip Op 02002 [115 AD3d 894]
March 26, 2014
Appellate Division, Second Department
As corrected through Wednesday, April 30, 2014


John Bardes et al., Respondents,
v
Gallo Pintado etal., Appellants.

[*1] Kornfeld, Rew, Newman & Simeone, Suffern, N.Y. (William S. Badura ofcounsel), for appellants.

Grace & Grace, Yorktown Heights, N.Y. (Michael J. Grace of counsel), forrespondents.

In an action to recover damages for personal injuries, etc., the defendants appealfrom an order of the Supreme Court, Putnam County (Lubell, J.), dated April 18, 2012,which denied their motion pursuant to CPLR 5015 (a) (1) to vacate a judgment of thesame court (Lubell, J.) entered June 10, 2011, upon, inter alia, an order of the same court(Nicolai, J.) dated January 20, 2011, granting the plaintiffs' unopposed motion forsummary judgment on the issue of liability, and, in effect, to vacate the order datedJanuary 20, 2011.

Ordered that the appeal is dismissed as academic, without costs or disbursements, inlight of our determination on a related appeal (see Bardes v Pintado, 115 AD3d 894 [2014] [decided herewith]). Rivera, J.P., Lott, Roman and Hinds-Radix, JJ., concur.[Prior Case History: 2012 NY Slip Op 31223(U).]


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