Castrillon v Oulabed
2008 NY Slip Op 09547 [57 AD3d 470]
December 2, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


Juan Carlos Castrillon et al., Respondents,
v
Khalid Oulabed et al., Appellants.

—[*1] Baker, McEvoy, Morrissey & Moskovits, P.C., New York, N.Y. (Thomas Torto and Jason Levine of counsel), for appellants.

Michael A. Cervini, Jackson Heights, N.Y. (Jonathan B. Seplowe of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Nelson, J.), entered October 18, 2007, as granted those branches of the plaintiffs' motion which were for summary judgment on the issue of liability and dismissing the fourth, fifth, and sixth affirmative defenses.

Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of our determination in a companion appeal (see Castrillon v Oulabed, 57 AD3d 470 [2008]). Rivera, J.P., Dillon, Covello and McCarthy, JJ., concur.