Opinion
2002-09079
Submitted March 6, 2003.
June 23, 2003.
In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated September 20, 2002, as denied their motion to preclude an expert from testifying at trial.
Caulfield Law Office (Carol R. Finocchio, New York, N.Y. [Lawrence B. Goodman] of counsel), for appellants.
Dalli Marino (John Dalli and Pollack, Pollack, Isaac DeCicco, New York, N.Y. [Brian J. Isaac] of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
Since summary judgment on the merits has been awarded to the defendants in a companion appeal (see Wilson v. Prazza, 306 A.D.2d 466 [Appellate Division Docket No. 2002-07345, decided herewith]), the instant appeal has been rendered academic.
ALTMAN, J.P., GOLDSTEIN, LUCIANO and H. MILLER, JJ., concur.