Bardes v Pintado

Bardes v Pintado 2014 NY Slip Op 02002 Decided on March 26, 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 March 26, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
2012-05007
(Index No. 465/09)

[*1]John Bardes, et al., respondents,

v

Gallo Pintado, et al., appellants.




Kornfeld, Rew, Newman & Simeone, Suffern, N.Y. (William
S. Badura of counsel), for appellants.
Grace & Grace, Yorktown Heights, N.Y. (Michael J. Grace
of counsel), for respondents.


DECISION & ORDER

In an action to recover damages for personal injuries, etc., the defendants appeal from 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 the same 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 for summary judgment on the issue of liability, and, in effect, to vacate the order dated January 20, 2011.

ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on a related appeal (see Bardes v Pintado, __________AD3d__________ [Appellate Division Docket No. 2012-09435; decided herewith]).
RIVERA, J.P., LOTT, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court