Parrales v Wonder Works Constr. Corp.
2008 NY Slip Op 07642 [55 AD3d 579]
October 7, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008

Oscar Parrales, Respondent,
Wonder Works Construction Corp. et al., Appellants. (And Third-Party Actions.)

[*1] Smith Mazure Director Wilkins Young & Yagerman, P.C., New York, N.Y. (Louis H. Klein and Mark Taustine of counsel), for appellants.

David P. Kownacki, P.C., New York, N.Y. (Andrew D. Leftt of counsel), for respondent.

In an action to recover damages for personal injuries, the defendants appeal (1) from an order of the Supreme Court, Kings County (Schmidt, J.), dated October 5, 2006, and (2), as limited by their brief, from so much of an amended order of the same court dated July 30, 2007, as granted that branch of the plaintiff's motion which was for summary judgment on his Labor Law § 241 (6) cause of action.

Ordered that the appeals are dismissed as academic, without costs or disbursements.

The appeals from the order and the amended order are academic in light of our determination of the appeal in Parrales v Wonder Works Constr. Corp. (55 AD3d 579 [2008] [decided herewith]) and, therefore, must be dismissed. Rivera, J.P., Miller, Angiolillo and Chambers, JJ., concur.