Madison Prods. of Usa, Inc., As Assignee of Jean Guynemer v American Tr. Ins. Co
Motion No: 2018-00464 KC
Slip Opinion No: 2018 NY Slip Op 78228(U)
Decided on July 12, 2018
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2018-464 K C
Madison Products of USA, Inc., as Assignee of Jean Guynemer, Appellant, v American Transit Ins. Co, Respondent.

Motion by respondent to dismiss as academic an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 19, 2017, as by subsequent order of that court entered May 14, 2018 respondent's motion for summary judgment dismissing the complaint was granted.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed as academic (see Livny v Rotella, 305 AD2d 377 [2003]).

ENTER:

Paul Kenny

Chief Clerk