Opinion
March 9, 1995
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
In light of our decision in the companion appeal in this action (Summit Rovins Feldesman v. Fonar Corp., 213 A.D.2d 201 [decided herewith]) reversing the grant of summary judgment in favor of plaintiff on the issue of liability, there can be no inquest on damages at this time, and thus the note of issue and statement of readiness should be vacated.
Concur — Sullivan, J.P., Rosenberger, Kupferman, Asch and Mazzarelli, JJ.