Gray v Tri-State Consumer Ins. Co., 2018 NY Slip Op 00547 [157 AD3d 941]

January 31, 2018

Appellate Division, Second Department

[*1]

Michelle Gray, Respondent,

v

Tri-State Consumer Insurance Company, Appellant.

Kaufman Dolowich & Voluck LLP, Woodbury, NY (Eric B. Stern of counsel), for appellant.

Greenblatt & Agulnick, P.C., Great Neck, NY (Scott E. Agulnick and Steven A. Kotchek of counsel), for respondent.

In an action, inter alia, to recover damages for breach of a homeowner’s insurance policy, the defendant appeals from an order of the Supreme Court, Queens County (Gavrin, J.), entered July 28, 2016, which granted the plaintiff’s motion to strike its answer based upon its alleged failure to comply with a conditional order entered December 16, 2015.

Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of our determination of the companion appeal ( see Gray v Tri-State Consumer Ins. Co ., 157 AD3d 938 [2018] [decided herewith]). Hall, J.P., Hinds-Radix, Maltese and Iannacci, JJ., concur..