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Mitchell v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 2007
43 A.D.3d 1010 (N.Y. App. Div. 2007)

Opinion

No. 2006-07807.

September 18, 2007.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Winslow, J.), dated June 10, 2006, as granted that branch of the defendants' motion which was to amend and correct a judgment of the same court dated January 24, 2006, to provide for the accrual of prejudgment interest from the date of the verdict on the issue of damages rather than from April 13, 2005, the date of an order of the same court granting the plaintiffs' motion for summary judgment on the issue of liability.

Wittenstein Associates P.C., Brooklyn, N.Y. (Benedene Cannata and Harlan A. Wittenstein of counsel), for appellants.

Michael E. Pressman, New York, N.Y. (Robert H. Fischer of counsel), for respondents.

Before: Spolzino, J.P., Skelos, Lifson and Balkin, JJ., concur.


Ordered that the appeal is dismissed as academic, without costs or disbursements.

In light of our determination of the separate appeal by the defendants from the judgment dated January 24, 2006, ( see Mitchell v Brown, 43 AD3d 1009 [decided herewith]), this appeal has been rendered academic and therefore must be dismissed.


Summaries of

Mitchell v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 2007
43 A.D.3d 1010 (N.Y. App. Div. 2007)
Case details for

Mitchell v. Brown

Case Details

Full title:RICHARD MITCHELL et al., Appellants, v. KENNETH BROWN et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 18, 2007

Citations

43 A.D.3d 1010 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 6843
841 N.Y.S.2d 467

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