Eileen DeGregorio v Joel C. Bender

DeGregorio v Bender 2004 NY Slip Op 00632 [4 AD3d 387] February 9, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 21, 2004

Eileen DeGregorio, Respondent,
v
Joel C. Bender et al., Appellants, et al., Defendants.

—In an action to recover damages for legal malpractice, the defendants Joel C. Bender, Law Offices of Joel C. Bender, P.C., Bender & Bodnar, P.C., Bender, Jenson, Silverstein & Castrataro, LLP, and Bender, Jenson & Silverstein, LLP, appeal from so much of an order of the Supreme Court, Westchester County (Barone, J.), entered June 3, 2003, as denied their motion for a protective order vacating the plaintiff's notice to admit and granted that branch of the plaintiff's cross motion which was to direct them to answer the notice to admit.

Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of our determination in a companion appeal (see DeGregorio v Bender, — AD3d — [decided herewith]). Altman, J.P., Krausman, Goldstein and Mastro, JJ., concur.