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Rodriguez v. Martinelli

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 8, 2009

WILFREDO RODRIGUEZ, RESPONDENT,
v.
ROSE MARTINELLI, APPELLANT.

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.

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.

REINALDO E. RIVERA, J.P., THOMAS A. DICKERSON, L. PRISCILLA HALL, PLUMMER E. LOTT, JJ.

(Index No. 35606/05)

DECISION & ORDER

ORDERED that the appeal is dismissed, without costs or disbursements, as the order dated June 27, 2008, was superseded by an order of the same court dated February 13, 2008 (see Rodriguez v Martinelli,AD3d [Appellate Division Docket No. 2009-02793; decided herewith]).

RIVERA, J.P., DICKERSON, HALL and LOTT, JJ., concur.

20091208

© 1992-2009 VersusLaw Inc.



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