SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
April 14, 2009
NEW YORK CITY HOUSING AUTHORITY, RESPONDENT,
UNDERWRITERS AT LLOYD'S, LONDON, APPELLANT (AND A THIRD-PARTY ACTION).
In an action for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiff and to reimburse the plaintiff for all reasonable attorney's fees and disbursements incurred in the defense of an underlying action entitled Piliotis v City of New York, pending in the Supreme Court, Kings County, under Index No. 20226/03, the defendant appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated April 17, 2008, which granted the plaintiff's motion to quash a subpoena ad testificandum seeking to compel the deposition of the plaintiff's attorney.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
WILLIAM F. MASTRO, J.P., FRED T. SANTUCCI, THOMAS A. DICKERSON and JOHN M. LEVENTHAL, JJ.
(Index No. 4602/06)
DECISION & ORDER
ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on a related appeal (see New York City Housing Authority v Underwriters at Lloyd's, London,AD3d [Appellate Division Docket No. 2008-04061; decided herewith]).
MASTRO, J.P., SANTUCCI, DICKERSON and LEVENTHAL, JJ., concur.
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