Von Fricken v Schaefer

Von Fricken v Schaefer 2014 NY Slip Op 04480 Decided on June 18, 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 June 18, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
2013-04574
(Index No. 28487/11)

[*1]Kathleen Von Fricken, etc., respondent,

v

Laura Schaefer, appellant.

Charles E. Holster III, Mineola, N.Y., for appellant.

Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP, Saint James, N.Y. (Mark Goldsmith of counsel), for respondent.

DECISION & ORDER

In an action to recover upon an instrument for the payment of money only, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Gazzillo, J.), dated April 3, 2013, as denied that branch of her motion which was to renew her opposition to the plaintiff's motion for summary judgment in lieu of complaint pursuant to CPLR 3213, which had been granted in an order of the same court dated May 29, 2012.

ORDERED that the appeal is dismissed as academic in light of our determination of a companion appeal (see Matter of Von Fricken v Schaefer, _____ AD3d _____ [Appellate Division Docket Nos. 2012-06828, 2012-08396; decided herewith]), with costs to the defendant.

MASTRO, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court