Alvarez v Eviles
2008 NY Slip Op 08686 [56 AD3d 499]
November 12, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Amanda Alvarez et al., Respondents,
v
Elsa Eviles et al., Respondents, and Honeywell, Inc., Appellant.

—[*1] Pino & Associates, LLP, White Plains, N.Y. (Brian Colistra of counsel, and George W. Flynn and Jonathan A. Strauss, pro hac vice, of counsel), for appellant.

In an action, inter alia, to recover damages for personal injuries, etc., the defendant Honeywell, Inc., appeals from an order of the Supreme Court, Queens County (Schulman, J.), entered June 27, 2007, which denied, as untimely, its renewed motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the appeal is dismissed, without costs or disbursements, as the order appealed from was superseded by an order of the same court entered March 18, 2008, made upon reargument (see Alvarez v Eviles, 56 AD3d 500 [2008] [decided herewith]). Skelos, J.P., Angiolillo, Balkin and Chambers, JJ., concur.