Metropolitan Lofts of NY, LLC v Metroeb Realty 1, LLC, 2020 NY Slip Op 07372 [189 AD3d 1026]

December 9, 2020

Appellate Division, Second Department

[*1]

Metropolitan Lofts of NY, LLC, Appellant,

v

Metroeb Realty 1, LLC, et al., Respondents.

Kravet & Vogel, LLP (Donald J. Kravet and Mischel & Horn, P.C., New York, NY [Scott T. Horn], of counsel), for appellant.

Loeb & Loeb LLP, New York, NY (Wook Hwang of counsel), for respondents RedSky Capital, LLC, and another.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Sylvia G. Ash, J.), dated May 1, 2019. The order, insofar as appealed from, granted the motion of the defendants RedSky Capital, LLC, and RedSky JZ Roebling, LLC, pursuant to CPLR 3211 (a) to dismiss the second cause of action in the amended complaint.

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

The appeal has been rendered academic, in light of our determination on a related appeal from an order of the same court dated December 12, 2018 ( see Metropolitan Lofts of NY, LLC v Metroeb Realty 1, LLC , 189 AD3d 1024 [2020] [decided herewith]). Rivera, J.P., Leventhal, LaSalle and Brathwaite Nelson, JJ., concur..