Port Parties, Ltd. v ENK Intl. LLC, 2011 NY Slip Op 04510 [84 AD3d 676]

May 31, 2011

Appellate Division, First Department

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Gibson, Dunn & Crutcher LLP, New York (Randy M. Mastro of counsel), for appellants.

Quinn McCabe LLP, New York (Christopher P. McCabe of counsel), for respondent.

Consolidated appeals from order, Supreme Court, New York County (Milton A. Tingling, J.), entered November 12, 2009, which, to the extent appealed from, in the “fraud” action (index No. 101979/09, denied defendants’ motions to dismiss the amended complaint, and in the “invoice” action (index No. 116257/08), denied defendants’ motion to dismiss in part the amended complaint and granted plaintiff’s cross motion to file a second amended complaint, unanimously dismissed, without costs, as moot in light of this Court’s decision in Port Parties, Ltd. v ENK Intl. LLC (84 AD3d 685 [2011] [decided simultaneously herewith]). Concur—Andrias, J.P., Saxe, McGuire, Moskowitz and Freedman, JJ.

Motion to hold appeal in abeyance dismissed as moot..