Rodriguez v Martinelli
2009 NY Slip Op 09203 [68 AD3d 842]
December 8, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


Wilfredo Rodriguez, Respondent,
v
Rose Martinelli, Appellant.

—[*1] Robert P. Tusa (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum], of counsel), for appellant.

PeÑa & Kahn, PLLC, Bronx, N.Y. (Justin B. Katz of counsel), for respondent.

In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated June 27, 2008, as denied that branch of her motion which was for summary judgment on the issues of liability and apportionment.

Ordered that the appeal is dismissed, without costs or disbursements, as the order dated June 27, 2008, was superseded by an order of the same court dated February 13, 2008 (see Rodriguez v Martinelli, 68 AD3d 843 [2009] [decided herewith]). Rivera, J.P., Dickerson, Hall and Lott, JJ., concur.