Opinion
2004-04768.
October 17, 2005.
In an action to recover damages for personal injuries, etc., the defendant CNA Holdings, Inc., formerly known as Hoechst Celanese Corporation appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered April 20, 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.
Kasowitz, Benson, Torres Friedman, LLP, New York, N.Y. (Hector Torres, Christopher R. Johnson, David J. Abrams, and Trevor J. Welch of counsel), for appellant.
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]).