Opinion
2017–05144 Index No. 3415/15
06-19-2019
KIM & BAE, P.C., et al., Appellants, v. Sunki LEE, et al., Respondents.
DECISION & ORDERIn an action, inter alia, to recover damages for defamation, the plaintiffs appeal from an order of the Supreme Court, Queens County (Timothy J. Dufficy, J.), entered April 10, 2017. The order, insofar as appealed from, in effect, upon renewal and reargument, adhered to a prior determination of the same court entered April 21, 2016, denying the plaintiffs' motion to extend the time to complete discovery and to file a note of issue and directing that the plaintiffs were precluded from offering any evidence at trial.
ORDERED that the appeal from the order entered April 10, 2017, is dismissed as academic, without costs or disbursements.
The appeal from the order entered April 10, 2017, must be dismissed as academic in light of our determination on a related appeal (see Kim & Bae, P.C. v. Sunki Lee, 173 A.D.3d 990, 103 N.Y.S.3d 530, 2019 WL 2518870 [Appellate Division Docket No. 2016–04892; decided herewith] ).
CHAMBERS, J.P., HINDS–RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.
DECISION & ORDER ON MOTION
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, entered April 10, 2017, on the ground that no appeal lies from an order denying reargument. By decision and order on motion of this Court dated May 24, 2018, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the submission of the appeal, it is
ORDERED that the motion is denied.