Adzer v Rudin Mgt. Co., Inc.
2008 NY Slip Op 04040 [50 AD3d 1069]
April 29, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


Jadadic Adzer et al., Appellants,
v
Rudin Management Co., Inc., et al., Respondents, et al., Defendants. (And a Third-Party Action.)

[*1] Bergman, Bergman, Goldberg & LaMonsoff, LLP (Pollack, Pollack, Isaac & De Cicco, New York, N.Y. [Brian J. Isaac], of counsel), for appellants.

Herzfeld & Rubin, P.C., New York, N.Y. (Miriam Skolnik and David B. Hamm of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Weiss, J.), dated June 8, 2006, as denied their motion, denominated as one for summary judgment on the issue of liability, but which was, in actuality, a renewed motion for leave to enter a default judgment against the defendants Rudin Management Co., Inc., and Three Times Square Center Partners, LLP.

Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on a companion appeal (see Adzer v Rudin Mgt. Co., Inc., 50 AD3d 1070 [2008]). Lifson, J.P., Ritter, Santucci and Dillon, JJ., concur.