Encalada v Riverside Retail, LLC
Motion No: 2018-10149
Slip Opinion No: 2019 NY Slip Op 66331(U)
Decided on March 26, 2019
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M260905

E/mm

JOHN M. LEVENTHAL, J.P.

COLLEEN D. DUFFY

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2018-10149

Simon Encalada, appellant,

v Riverside Retail, LLC, et al., respondents,

et al., defendant (and a third-party action).

(Index No. 5276/15)

DECISION & ORDER ON MOTION

Motion by the respondents NYC Elite Gymnastics III and Nima Holdings, Ltd., to dismiss an appeal from an order of the Supreme Court, Queens County, dated September 14, 2018, on the ground that it has been rendered academic.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

LEVENTHAL, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court