Opinion
2020–07370 Index No. 516861/19
02-15-2023
Nixon Peabody LLP, Jericho, NY (Christopher J. Porzio and Erik A. Goergen of counsel), for appellant. Victor M. Brown, New York, NY, for respondent.
Nixon Peabody LLP, Jericho, NY (Christopher J. Porzio and Erik A. Goergen of counsel), for appellant.
Victor M. Brown, New York, NY, for respondent.
VALERIE BRATHWAITE NELSON, J.P., CHERYL E. CHAMBERS, PAUL WOOTEN, WILLIAM G. FORD, JJ.
DECISION & ORDER
In an action, inter alia, for specific performance of an employment agreement and to recover damages for breach of contract, the defendant New York Presbyterian Brooklyn Methodist Hospital appeals from an order of the Supreme Court, Kings County (Kathy J. King, J.), dated August 20, 2020. The order denied that defendant's motion for leave to renew its opposition to that branch of the plaintiff's motion which was for a preliminary injunction against it, which had been determined in an order of the same court dated February 13, 2020.
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
In light of our determination on a related appeal (see Khass v. New York Presbyt. Brooklyn Methodist Hosp., ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2023 WL 2000589 [Appellate Division Docket No. 2020–02659; decided herewith] ), we dismiss the appeal as academic.
BRATHWAITE NELSON, J.P., CHAMBERS, WOOTEN and FORD, JJ., concur.