Plotkin v Republic-Franklin Ins. Co., 2019 NY Slip Op 08234 [177 AD3d 794]

November 13, 2019

Appellate Division, Second Department

[*1]

Chaya Plotkin, Appellant,

v

Republic-Franklin Insurance Company et al., Respondents.

Shayne, Dachs, Sauer & Dachs, LLP, Mineola, NY (Jonathan A. Dachs and Robert I. Gruber of counsel), for appellant.

Lester Schwab Katz & Dwyer, LLP, New York, NY (Eric A. Portuguese and Aaron Brouk of counsel), for respondents.

In an action pursuant to Insurance Law § 3420 (a) (2) to recover the amount of an unsatisfied judgment against the defendants’ insured, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Kathy J. King, J.), dated January 3, 2018, and (2) an order of the same court dated September 20, 2018. The order dated January 3, 2018, inter alia, granted that branch of the defendants’ motion which was to compel the plaintiff to appear for a deposition, and denied the plaintiff’s cross motion, inter alia, for summary judgment dismissing certain affirmative defenses in the defendants’ answer. The order dated September 20, 2018, inter alia, denied the plaintiff’s motion to vacate the order dated January 3, 2018.

Ordered that the appeals are dismissed, without costs or disbursements.

We dismiss the appeals as academic in light of our determination on a companion appeal ( see Plotkin v Republic-Franklin Ins. Co. , 177 AD3d 790 [2019] [decided herewith]). Mastro, J.P., Chambers, Leventhal and Christopher, JJ., concur..