Vislocky v Zupis Taxi, Inc.

Vislocky v Zupis Taxi, Inc. 2014 NY Slip Op 02288 Decided on April 2, 2014 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 April 2, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
2012-03937
(Index No. 500156/10)

[*1]Amy Vislocky, respondent,

v

Zupis Taxi, Inc., et al., appellants.




Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn, N.Y.
(Stacy R. Seldin of counsel), for appellants.
Kahn Gordon Timko & Rodriques, P.C., New York, N.Y.
(Nicholas I. Timko of counsel), for
respondent.


DECISION & ORDER

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Kramer, J.), dated March 2, 2012, which granted the plaintiff's motion for summary judgment on the issue of liability.

ORDERED that the appeal is dismissed as academic, with costs.

In light of our determination on a prior appeal, in which we affirmed an order granting the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident (see Vislocky v Zupis Taxi, Inc., 105 AD3d 731), the instant appeal has been rendered academic.
RIVERA, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court