| Moonbeam Gateway Mar., LLC v Tai Chan |
| 2025 NY Slip Op 03803 [239 AD3d 968] |
| June 25, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Moonbeam Gateway Marina, LLC, Respondent, v Tai Chan, Appellant. |
Bryant & Pipenger, LLP, Mineola, NY (Matt Bryant of counsel), for appellant.
Andrei A. Popescu, PLLC, Brooklyn, NY, for respondent.
In an action, inter alia, to recover damages for defamation, the defendant appeals from an order of the Supreme Court, Kings County (Francois A. Rivera, J.), dated April 18, 2024. The order, insofar as appealed from, in effect, denied that branch of the defendant's motion which was for an award of attorneys' fees incurred by him in prosecuting that branch of his separate motion which was pursuant to Civil Rights Law § 70-a (1) (a) for an award of costs and attorneys' fees.
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 Moonbeam Gateway Mar., LLC v Tai Chan, 239 AD3d 965 [2025] [decided herewith]). Dillon, J.P., Wooten, Ventura and Golia, JJ., concur.