Manuel Reyes v Mta Bus Co. & Soman Dameion
Motion No: 2018-00397 QC
Slip Opinion No: 2018 NY Slip Op 85746(U)
Decided on October 1, 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

2018-397 Q C
Manuel Reyes, Respondent, v MTA Bus Company and Soman Dameion, Appellants, et al., Defendants.

Appeal from an order of the Civil Court of the City of New York, Queens County, entered July 7, 2017. The order denied appellants' motion to compel respondent to serve a supplemental bill of particulars.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as the matter subsequently proceeded to trial and verdict (see Britt v Buffalo Mun. Hous. Auth., 109 AD3d 1195, 1197 [2013]; see also Livny v Rotella, 305 AD2d 377 [2003]).

Appellants' remedy, if they be so advised, is to appeal from the judgment once one has been entered.

ENTER:

Paul Kenny

Chief Clerk