Abaza v. Exec. Town Car & Limo Corp.

• Decision Date: 06 November 2019
• Docket Number: 2017–10221,Index No. 513762/16
• Citation: 177 A.D.3d 678,109 N.Y.S.3d 901 (Mem)
• Parties: Hani ABAZA, et al., respondents, v. EXECUTIVE TOWN CAR & LIMO CORP., et al., appellants.
• Court: New York Supreme Court — Appellate Division

177 A.D.3d 678

109 N.Y.S.3d 901 (Mem)

Hani ABAZA, et al., respondents,

v.EXECUTIVE TOWN CAR & LIMO CORP., et al., appellants.

2017–10221

Index No. 513762/16

Supreme Court, Appellate Division, Second Department, New York.

Argued - September 24, 2019

November 6, 2019

Lloyd Patel LLP, New York, N.Y. (Erin Lloyd of counsel), for appellants.

Filosa Graff LLP, New York, N.Y. (Gregory N. Filosa of counsel), for respondents.

RUTH C. BALKIN, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for violation of General Business Law § 349, the defendants appeal from an order of the Supreme Court, Kings County (Peter P. Sweeney, J.), dated August 4, 2017. The order, insofar as appealed from, denied that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action alleging violation of General Business Law § 349.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed because the portion of the order appealed from was superseded by an order of the same court dated July 10, 2018, made, in effect, upon reargument (see Abaza v. Executive Town Car & Limo Corp. , 177 A.D.3d 677, ––– N.Y.S.3d ––––, 2019 WL 5778175 [Appellate Division Docket No. 2018–10835 ; decided herewith] ).

BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.