Deleo v Federal Express Corp., 2016 NY Slip Op 02955 [138 AD3d 913]

April 20, 2016

Appellate Division, Second Department

[*1]

Angela Deleo, Plaintiff, and Dennis Shannon, Appellant,

v

Federal Express Corporation et al., Respondents.

Wingate, Russotti, Shapiro & Halperin, LLP, New York, NY (Joseph P. Stoduto of counsel), for appellant.

Lester Schwab Katz & Dwyer, LLP, New York, NY (Harry Steinberg and Daniel S. Kotler of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff Dennis Shannon appeals from an order of the Supreme Court, Queens County (McDonald, J.), entered January 16, 2015, which denied his motion for summary judgment on the issue of liability.

Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on a related appeal from an order of the Supreme Court, Queens County, entered September 30, 2015 ( see Deleo v Federal Express Corp. , 138 AD3d 913 [2016] [decided herewith]). Hall, J.P., Cohen, LaSalle and Connolly, JJ., concur..