Weiss v Vacca, 2023 NY Slip Op 04614 [219 AD3d 1378]

September 13, 2023

Appellate Division, Second Department

[*1]

Royanne Weiss et al., Respondents,

v

Laurent Vacca et al., Appellants.

Traub Lieberman Straus & Shrewsberry LLP, Hawthorne, NY (Eric D. Suben, Lisa M. Rolle, and Justyn Verzillo of counsel), for appellants.

Sharova Law Firm, Brooklyn, NY (Charles W. Marino and Harold Kaufman of counsel), for respondents.

In an action, inter alia, to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Joy F. Campanelli, J.), dated July 27, 2022. The order denied the defendants’ motion, inter alia, to vacate so much of an order of the same court (Loren Baily-Schiffman, J.) dated December 9, 2021, as granted that branch of the plaintiffs’ cross-motion which was for leave to enter a default judgment, and granted the plaintiffs’ motion to schedule an inquest on damages.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed as academic in light of our determination on a related appeal ( see Weiss v Vacca , 219 AD3d 1375 [2d Dept 2023] [decided herewith]). Duffy, J.P., Iannacci, Wooten and Genovesi, JJ., concur..