Colmenares v. Volpe

Full title: NEIL COLMENARES, Plaintiff-Appellant, v. CAROLYN VOLPE…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Jan 22, 2009

2009 N.Y. Slip Op. 50101 (N.Y. App. Term 2009)

880 N.Y.S.2d 222

Opinion

570494/08.

Decided on January 22, 2009.

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.

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

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.

PER CURIAM.

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; see also Khazadian v Ganek, 257 AD2d 607).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.