Opinion
Motion No: 2010-03301 QC
09-15-2017
Prasanna W. Goonewardena, Appellant, v. American Airlines, Inc., et al., Respondents.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Queens County, entered October 18, 2010. The order, upon a motion by respondent American Airlines, Inc., pursuant to CPLR 3126, to dismiss so much of the complaint as was against it based upon appellant's failure to comply with a discovery order, dismissed the complaint as against all respondents. By decision and order on motion of this court dated August 8, 2017, a motion by respondent American Airlines, Inc. to dismiss as moot so much of the appeal as was against it, on the ground that, by order of the United States Bankruptcy Court for the Southern District of New York, dated October 21, 2013, its debts had been discharged in bankruptcy, was granted, and the parties other than respondent American Airlines, Inc. were directed to show cause before this court why the remainder of the appeal should or should not be dismissed as moot in light of the October 21, 2013 order of the United States Bankruptcy Court for the Southern District of New York.
Now, upon the order to show cause and the papers filed in support thereof and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the remainder of the appeal is granted and the remainder of the appeal is dismissed as moot, and upon the further ground that no appeal as of right lies from the portion of the Civil Court's order that sua sponte dismissed the complaint against the respondents other than American Airlines, Inc. (see CCA 1702 [a] [2]; Sholes v Meagher, 100 NY2d 333 [2003]), and leave to appeal from that portion of the order has not been granted.
ENTER:
Paul Kenny
Chief Clerk