Migdal v MNT Props., LLC
Annotate this CaseDecided on June 22, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
WILLIAM G. FORD, JJ.
2020-04765
(Index No. 7312/14)
[*1]Misha Migdal, respondent,
v
MNT Properties, LLC, defendant, Freeman Howard, P.C., appellant.
Freeman Howard, P.C., Hudson, NY (Paul M. Freeman of counsel), appellant pro se.
Brian P. Hickey, Jr., P.C., Huntington, NY, for respondent.
DECISION & ORDER
In an action, inter alia, to recover damages for breach of contract, the defendant Freeman Howard, P.C., appeals from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), entered February 26, 2020. The order, insofar as appealed from, denied the motion of that defendant pursuant to CPLR 3211(a)(1) and (7) to dismiss the seventh and eighth causes of action asserted against it.
ORDERED that the appeal is dismissed as academic, without costs or disbursements, and so much of the order as denied the motion of the defendant Freeman Howard, P.C., pursuant to CPLR 3211(a)(1) and (7) to dismiss the seventh and eighth causes of action asserted against it is vacated.
In light of our determination on a related appeal (see Migdal v Freeman Howard, P.C., ___ AD3d ___ [Appellate Division Docket Number 2019-00010; decided herewith]), we dismiss the appeal as academic.
DUFFY, J.P., ROMAN, MALTESE and FORD, JJ., concur.
ENTER:Maria T. Fasulo
Clerk of the Court
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.