| Prasanna W. Goonewardena v American Airlines, Inc., Et Al. |
| Motion No: 2010-03301 QC |
| Slip Opinion No: 2017 NY Slip Op 82958(U) |
| Decided on August 8, 2017 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Prasanna W. Goonewardena, Appellant, v American Airlines, Inc., et al., Respondents. |
Motion by respondent American Airlines, Inc. to dismiss so much of an appeal as is from the portion of an order of the Civil Court of the City of New York, Queens County, entered October 18, 2010, that granted a motion by respondent American Airlines, Inc. to dismiss so much of the complaint as is against it, on the ground that, by order of the United States Bankruptcy Court for the Southern District of New York, dated October 21, 2013, the debts of respondent American Airlines, Inc. were discharged in bankruptcy.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and so much of the appeal as is from the portion of the order that granted a motion by respondent American Airlines, Inc. to dismiss so much of the complaint as is against it is dismissed as moot; and it is further,
ORDERED, on the court's own motion, that the parties other than respondent American Airlines, Inc. are directed to show cause before this court why the remainder of the appeal should or should not be dismissed as moot in light of the October 21, 2013 order of the United States Bankruptcy Court for the Southern District of New York, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before September 5, 2017; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties and/or their attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk