Opinion
2004-02854.
October 17, 2005.
In an action to recover damages for personal injuries, etc., the defendant Shipley Company, LLC, appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered February 17, 2004, which denied its motion, in effect, for summary judgment dismissing the claims alleging negligence, strict products liability, and concerted action insofar as asserted against it by the plaintiff Ashley Thibault.
Ward Norris Heller Reidy, LLP, Rochester, N.Y. (Thomas E. Reidy and Scott R. Jennette of counsel), for appellant Shipley Company, LLC.
Levy Phillips Konigsberg, LLP, New York, N.Y. (Steven J. Phillips and Nancy A. Perry of counsel), and DeProspo, Petrizzo Longo, Goshen, N.Y., for respondent Ashley Thibault (one brief filed).
Before: Florio, J.P., Crane, Mastro and Lifson, JJ., concur.
Ordered that the appeal from the order is dismissed as academic, without costs or disbursements, in light of our determination of the related appeal from an order of the same court entered March 25, 2004 ( see Kardas v. Union Carbide Corp., 22 AD3d 640 [decided herewith]).