Mileski v MSC Indus. Direct Co., Inc., 2018 NY Slip Op 01461 [159 AD3d 694]

March 7, 2018

Appellate Division, Second Department

[*1]

Drena Mileski, Individually and as Administratrix of the Goods, Chattels and Credits of Ronald P. Mileski, Deceased, Plaintiff,

v

MSC Industrial Direct Co., Inc., Defendant/Third-Party Plaintiff-Appellant, et al., Defendants. Buffalo Machinery Co., Ltd., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY (Eliza M. Scheibel and Melissa McCarthy of counsel), for defendant third-party plaintiff-appellant.

Farber Brocks & Zane LLP, Garden City, NY (Tracy L. Frankel of counsel), for third-party defendant-respondent.

In an action, inter alia, to recover damages for wrongful death, etc., the defendant third-party plaintiff appeals from an order of the Supreme Court, Suffolk County (Mayer, J.), dated May 23, 2016, which denied its motion for leave to renew its prior cross motion pursuant to CPLR 306-b and 311 (b) to extend the time to serve the third-party complaint on the third-party defendant Buffalo Machinery Co., Ltd., and for leave to effectuate such service by alternate means, which cross motion had been denied by an order of the same court entered September 18, 2014.

Ordered that the appeal is dismissed as academic, with costs, in light of our determination on the companion appeals ( see Mileski v MSC Indus. Direct Co., Inc. , 159 AD3d 690 [2018] [decided herewith]). Balkin, J.P., Leventhal, Chambers and Miller, JJ., concur..