| Treskas v Style & Care, Inc. |
| 2025 NY Slip Op 01970 [237 AD3d 779] |
| April 2, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Omorfoula Treskas, Respondent, v Style & Care, Inc., et al., Defendants, and Persi Contracting Corp. et al., Appellants. (And a Third-Party Action.) |
Gallo Vitucci Klar LLP, New York, NY (Sean R. Hutchinson of counsel), for appellants.
In an action, inter alia, to recover damages for breach of contract, the defendants Persi Contracting Corp. and Michael Persichilli appeal from an order of the Supreme Court, Queens County (Timothy J. Dufficy, J.), entered October 15, 2021. The order denied those defendants' motion pursuant to CPLR 3211 (a) (7) to dismiss the second amended complaint insofar as asserted against them.
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The appeal must be dismissed as academic in light of our determination on a related appeal (see Treskas v Style & Care, Inc., 237 AD3d 776 [2025] [decided herewith]). Barros, J.P., Ford, Voutsinas and Landicino, JJ., concur.