Opinion
Argued December 8, 2000.
January 16, 2001.
In an action, inter alia, for an accounting, the defendants appeal from an order of the Supreme Court, Nassau County (Phelan, J.), dated September 23, 1999, which denied their motion to strike the plaintiff's demand for a jury trial.
Berkman, Henoch, Peterson Peddy, P.C., Garden City, N Y (Joseph E. Macy of counsel), for appellants.
Russ Russ, P.C., Massapequa, N.Y. (David Bolton and Ira Levine of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, ACTING P.J., CORNELIUS J. O'BRIEN, FRED T. SANTUCCI, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
By order dated December 17, 1999, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint (see, Berke v. Hamby, ___ A.D.2d ___ [decided herewith]). Accordingly, the appeal from the order dated September 23, 1999, which denied the defendants' motion to strike the plaintiff's demand for a jury trial, is dismissed as academic.