Migdal v MNT Props., LLC, 2022 NY Slip Op 04020 [206 AD3d 905]

June 22, 2022

Appellate Division, Second Department

[*1]

Misha Migdal, Respondent,

v

MNT Properties, LLC, Defendant, and Freeman Howard, P.C., Appellant.

Freeman Howard, P.C., Hudson, NY (Paul M. Freeman of counsel), appellant pro se.

Brian P. Hickey, Jr., P.C., Huntington, NY, for respondent.

In an action, inter alia, to recover damages for breach of contract, the defendant Freeman Howard, P.C., appeals from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), entered February 26, 2020. The order, insofar as appealed from, denied the motion of that defendant pursuant to CPLR 3211 (a) (1) and (7) to dismiss the seventh and eighth causes of action asserted against it.

Ordered that the appeal is dismissed as academic, without costs or disbursements, and so much of the order as denied the motion of the defendant Freeman Howard, P.C., pursuant to CPLR 3211 (a) (1) and (7) to dismiss the seventh and eighth causes of action asserted against it is vacated.

In light of our determination on a related appeal ( see Migdal v MNT Props., LLC , 206 AD3d 903 [2022] [decided herewith]), we dismiss the appeal as academic. Duffy, J.P., Roman, Maltese and Ford, JJ., concur..