Opinion
2017–10221 Index No. 513762/16
11-06-2019
Hani ABAZA, et al., respondents, v. EXECUTIVE TOWN CAR & LIMO CORP., et al., appellants.
Lloyd Patel LLP, New York, N.Y. (Erin Lloyd of counsel), for appellants. Filosa Graff LLP, New York, N.Y. (Gregory N. Filosa of counsel), for respondents.
Lloyd Patel LLP, New York, N.Y. (Erin Lloyd of counsel), for appellants.
Filosa Graff LLP, New York, N.Y. (Gregory N. Filosa of counsel), for respondents.
RUTH C. BALKIN, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.
DECISION & ORDER In an action, inter alia, to recover damages for violation of General Business Law § 349, the defendants appeal from an order of the Supreme Court, Kings County (Peter P. Sweeney, J.), dated August 4, 2017. The order, insofar as appealed from, denied that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action alleging violation of General Business Law § 349. ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal must be dismissed because the portion of the order appealed from was superseded by an order of the same court dated July 10, 2018, made, in effect, upon reargument (see Abaza v. Executive Town Car & Limo Corp. , 177 A.D.3d 677, ––– N.Y.S.3d ––––, 2019 WL 5778175 [Appellate Division Docket No. 2018–10835 ; decided herewith] ).
BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.