Zielinski v New Jersey Tr. Corp.
2019 NY Slip Op 01820 [170 AD3d 927]
March 13, 2019
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 1, 2019


[*1]
 Grzegorz Zielinski, Respondent,
v
New Jersey Transit Corporation et al., Appellants, et al., Defendant.

Wilson Elser Moskowitz Edelman & Dicker, White Plains, NY (John A. Hsu and Gregory I. Freedman of counsel), for appellants.

The Platta Law Firm, PLLC, New York, NY (Brian J. Vannella of counsel), for respondent.

In an action to recover damages for personal injuries, the defendants New Jersey Transit Corporation, Hudson Transit Lines, Inc., and Niurka G. Diaz appeal from an order of the Supreme Court, Queens County (Denis J. Butler, J.), entered March 23, 2016. The order denied those defendants' motion, inter alia, pursuant to CPLR 3211 (a) to dismiss the complaint insofar as asserted against them.

Ordered that the appeal is dismissed as academic, with costs.

The appeal from the order has been rendered academic in light of our determination on a related appeal (see Zielinski v New Jersey Tr. Corp., 170 AD3d 927 [2019] [decided herewith]). Dillon, J.P., Leventhal, Connolly and Christopher, JJ., concur.