Opinion
2002-08006
Submitted January 8, 2003.
January 27, 2003.
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered July 30, 2002, which denied their motion for summary judgment dismissing the complaint.
William M. Mooney III, Corporation Counsel, Yonkers, N.Y. (Lee Ann Crossley and John A. de Angeli of counsel), for appellants.
Joseph A. Romano, Yonkers, N.Y., for respondents.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed as academic, with costs to the appellants.
As indicated in Rodriguez v. Board of Educ. of City of Yonkers ( 301 A.D.2d 641 [Appellate Division Docket No. 2002-01186, decided herewith]), the defendants were entitled to summary judgment dismissing the complaint on their prior motion for summary judgment. Thus, the instant appeal from an order denying a subsequent motion for summary judgment is academic.
SANTUCCI, J.P., KRAUSMAN, McGINITY, SCHMIDT and CRANE, JJ., concur.