Abaza v Executive Town Car & Limo Corp., 2019 NY Slip Op 07946 [177 AD3d 678]

November 6, 2019

Appellate Division, Second Department

[*1]

Hani Abaza et al., Respondents,

v

Executive Town Car & Limo Corp. et al., Appellants.

Lloyd Patel LLP, New York, NY (Erin Lloyd of counsel), for appellants.

Filosa Graff LLP, New York, NY (Gregory N. Filosa of counsel), for respondents.

In an action, inter alia, to recover damages for violation of General Business Law § 349, the defendants appeal from an order of the Supreme Court, Kings County (Peter P. Sweeney, J.), dated August 4, 2017. The order, insofar as appealed from, denied that branch of the defendants’ motion which was pursuant to CPLR 3211 (a) (7) to dismiss the cause of action alleging violation of General Business Law § 349.

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

The appeal must be dismissed because the portion of the order appealed from was superseded by an order of the same court dated July 10, 2018, made, in effect, upon reargument ( see Abaza v Executive Town Car & Limo Corp. , 177 AD3d 677 [2019] [decided herewith]). Balkin, J.P., Cohen, Miller and Duffy, JJ., concur..