Caguana v Beach 22, LLC, 2023 NY Slip Op 04569 [219 AD3d 1299]
September 13, 2023
Appellate Division, Second Department
[*1]
Luis Caguana, Appellant,
v
Beach 22, LLC, et al., Defendants, and Sunny Builders NY Corp., Respondent.
Lipsig Shapey Manus & Moverman, P.C., New York, NY (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Michael H. Zhu], of counsel), for appellant.
Furman, Kornfeld & Brennan LLP, New York, NY (Andrew Kowlowitz and Daniel Butler of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Darrell L. Gavrin, J.), entered January 4, 2021. The order denied the plaintiff’s motion for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§ 240 (1) and 241 (6) insofar as asserted against the defendant Sunny Builders NY Corp.
Ordered that the appeal is dismissed as academic, with costs.
In a prior order entered December 3, 2018, the Supreme Court granted the plaintiff’s unopposed motion for leave to enter a default judgment on the issue of liability against the defendants. The defendant Sunny Builders NY Corp. (hereinafter the defendant) moved pursuant to CPLR 5015 (a) (1) to vacate so much of the order entered December 3, 2018, as granted that branch of the plaintiff’s motion which was for leave to enter a default judgment against it. By order entered April 18, 2019, the court granted the defendant’s motion. The plaintiff appealed from this order.
In April 2020, the plaintiff moved for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§ 240 (1) and 241 (6) insofar as asserted against the defendant. By order entered January 4, 2021, the Supreme Court denied the plaintiff’s motion. The plaintiff appealed from this order as well.
Subsequently, this Court reversed the order entered April 18, 2019, and denied the defendant’s motion to vacate so much of the order entered December 3, 2018, as granted that branch of the plaintiff’s motion which was for leave to enter a default judgment against it ( see Caguana v Beach 22, LLC , 191 AD3d 835 , 835-836 [2021]). As a result, so much of the order entered December 3, 2018, as granted that branch of the plaintiff’s motion which was for leave to enter a default judgment against the defendant on the issue of liability was, in effect, reinstated. Thus, this appeal from the order entered January 4, 2021, denying the plaintiff’s motion for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§ 240 (1) and 241 (6) insofar as asserted against the defendant, has been rendered academic ( see Matter of Hearst Corp. v Clyne , 50 [*2] NY2d 707, 714 [1980]; Chestnut Ridge Assoc., LLC v 30 Sephar Lane, Inc. , 169 AD3d 994 , 995 [2019]; Carmo v Verizon , 13 AD3d 329 , 329 [2004]). Iannacci, J.P., Genovesi, Dowling and Voutsinas, JJ., concur..