Kern v Iona Coll., 2024 NY Slip Op 04127 [230 AD3d 476]

August 7, 2024

Appellate Division, Second Department

[*1]

Richard Kern, Plaintiff,

v

Iona College, Defendant/Third-Party Plaintiff-Appellant. Bilmar Amusements N.Y. Party Work, Inc., Third-Party Defendant-Respondent.

Harrington, Ocko & Monk, LLP, White Plains, NY (Michael Flake and Allison J. Sanders of counsel), for defendant/third-party plaintiff-appellant.

Sobel Pevzner, LLC, New York, NY (Judy R. Meisel of counsel), for third-party defendant-respondent.

In an action to recover damages for personal injuries, the defendant/third-party plaintiff appeals from an order of the Supreme Court, Suffolk County (Vincent J. Martorana, J.), dated November 17, 2020. The order, insofar as appealed from, granted the motion of the third-party defendant for summary judgment dismissing the third-party complaint.

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

The appeal must be dismissed as academic in light of our determination on a related appeal ( see Kern v Iona Coll. , 230 AD3d 477 [2024] [decided herewith]). Dillon, J.P., Wooten, Warhit and Wan, JJ., concur..