Opinion
2003-05629.
Decided February 9, 2004.
In an action to recover damages for legal malpractice, the defendants Joel C. Bender, Law Offices of Joel C. Bender, P.C., Bender Bodnar, P.C., Bender, Jenson, Silverstein Castrataro, LLP, and Bender, Jenson Silverstein, LLP, appeal from so much of an order of the Supreme Court, Westchester County (Barone, J.), entered June 3, 2003, as denied their motion for a protective order vacating the plaintiff's notice to admit and granted that branch of the plaintiff's cross motion which was to direct them to answer the notice to admit.
Housman Hellman, New York, N.Y. (Mark E. Housman, Charles D. Hellman, and Brett G. Canna of counsel), for appellants.
Curtis Associates, P.C., New York, N.Y. (W. Robert Curtis of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination in a companion appeal ( see De Gregorio v. Bender, A.D.3d Appellate Division Docket No. 2002-05902 [decided herewith]).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.