Figueroa v Gueye
2009 NY Slip Op 07226 [66 AD3d 640]
October 6, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


Erick Figueroa, Respondent,
v
Samba Gueye, Doing Business as Tres Elegante, Defendant, and Dane D. Huggins, Appellant.

—[*1] Gannon, Rosenfarb & Moskowitz, New York, N.Y. (Jennifer B. Ettenger of counsel), for appellant.

Ira M. Pearlman and Robert D. Rosen, Roslyn, N.Y. (Mitchell Dranow of counsel), for respondent.

In an action to recover damages for personal injuries, the defendant Dane D. Huggins appeals from a judgment of the Supreme Court, Kings County (Vaughan, J.), dated March 6, 2008.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

In an order dated September 9, 2009, the Supreme Court vacated the judgment appealed from. Accordingly, the appeal has been rendered academic. Fisher, J.P., Santucci, Balkin and Belen, JJ., concur.