A.D.E. Sys., Inc. v Energy Labs, Inc., 2020 NY Slip Op 02913 [183 AD3d 794]

May 20, 2020

Appellate Division, Second Department

[*1]

A.D.E. Systems, Inc., Appellant,

v

Energy Labs, Inc., Respondent.

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

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

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Vito M. DeStefano, J.), entered January 7, 2019. The order, insofar as appealed from, denied the plaintiff’s motion pursuant to CPLR 2221 for leave to renew those branches of its prior motion which were to compel certain discovery, which had been denied in an order of the same court entered August 18, 2017.

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..