Snow v Gotham Staffing, LLC, 2024 NY Slip Op 02834 [227 AD3d 1032]

May 22, 2024

Appellate Division, Second Department

[*1]

Russell Snow, as the Administrator of the Estate of Sheena Davis, Deceased, Respondent,

v

Gotham Staffing, LLC, Doing Business as Gotham Companies, Inc., et al., Appellants.

Martin Clearwater & Bell LLP, New York, NY (Barbara D. Goldberg and Jeffrey A. Shor of counsel), for appellants.

Burns & Harris, New York, NY (Daniel T. Wright of counsel), for respondent.

In an action, inter alia, to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Kings County (Bernard J. Graham, J.), dated September 23, 2021. The order, insofar as appealed from, in effect, upon reargument, adhered to a prior determination in an order of the same court dated April 22, 2021, denying the defendants’ cross-motion to compel the plaintiff to serve a certificate of merit and notice of medical malpractice and to transfer the action from the general negligence part to the medical malpractice part.

Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on a related appeal ( see Snow v Gotham Staffing, LLC , 227 AD3d —, 2024 NY Slip Op 02833 [2024] [decided herewith]). Iannacci, J.P., Christopher, Genovesi and Warhit, JJ., concur..