Colmenares v Volpe

[*1] Colmenares v Volpe 2009 NY Slip Op 50101(U) [22 Misc 3d 130(A)] Decided on January 22, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 22, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570494/08.

Neil Colmenares, Plaintiff-Appellant,

against

Carolyn Volpe, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), dated July 14, 2008, which denied his motion for summary judgment on the complaint and for dismissal of defendant's counterclaims.

Per Curiam.

Appeal from order (Manuel J. Mendez, J.), dated July 14, 2008, dismissed, without costs, as academic.

The action having proceeded to a bench trial at which plaintiff prevailed on the merits, the within appeal from the order denying plaintiff's motion for summary judgment has been rendered academic (see Ponticelli v San Remo Civic Assn., 57 AD2d 612 [1977]; see also Khazadian v Ganek, 257 AD2d 607 [1999]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 22, 2009