Lockwood v City of Yonkers, 2020 NY Slip Op 00114 [179 AD3d 660]

January 8, 2020

Appellate Division, Second Department

[*1]

Garrett Lockwood et al., Respondents,

v

City of Yonkers, Appellant.

Spolzino Smith Buss & Jacobs LLP, White Plains, NY (Robert A. Spolzino and Nancy Durand of counsel), for appellant.

McCarthy Kelly LLP, New York, NY (William P. Kelly of counsel), for respondent.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (William J. Giacomo, J.), dated June 22, 2018. The order, insofar as appealed from, denied its motion, inter alia, pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred.

Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on the companion appeal ( see Matter of Lockwood v City of Yonkers , 179 AD3d 688 [2020] [decided herewith]). Dillon, J.P., Cohen, Connolly and Christopher, JJ., concur..