A.D.E. Sys., Inc. v Energy Labs, Inc., 2020 NY Slip Op 02912 [183 AD3d 794]

May 20, 2020

Appellate Division, Second Department

[*1]

A.D.E. Systems, Inc., Respondent,

v

Energy Labs, Inc., Appellant.

Kaufman Dolowich & Voluck, LLP, Woodbury, NY (Erik A. Ortmann and Adam M. Marshall of counsel), for appellant.

Levitt, LLP, Mineola, NY (Steven L. Levitt, Trevor M. Gomberg, and Matthew I. Koopersmith of counsel), for respondent.

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Vito M. DeStefano, J.), entered April 24, 2018. The order, insofar as appealed from, granted that branch of the plaintiff’s motion which was pursuant to CPLR 2304 to quash a subpoena served by the defendant upon nonparty Johnson Controls, Inc.

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

This appeal has been rendered academic in light of our determination on a related appeal ( A.D.E. Sys., Inc. v Energy Labs, Inc. , 183 AD3d 791 [2020] [decided herewith]). Mastro, J.P., Connolly, Brathwaite Nelson and Wooten, JJ., concur..