A.D.E. Sys., Inc. v. Energy Labs, Inc.

• Decision Date: 20 May 2020
• Docket Number: 2019–03157,Index No. 604036/15
• Citation: 122 N.Y.S.3d 555 (Mem),183 A.D.3d 794
• Parties: A.D.E. SYSTEMS, INC., appellant, v. ENERGY LABS, INC., respondent.
• Court: New York Supreme Court — Appellate Division

183 A.D.3d 794

122 N.Y.S.3d 555 (Mem)

A.D.E. SYSTEMS, INC., appellant,

v.ENERGY LABS, INC., respondent.

2019–03157

Index No. 604036/15

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

Submitted - January 10, 2020

May 20, 2020

Levitt LLP, Mineola, N.Y. (Steven L. Levitt, Trevor M. Gomberg, and Matthew I. Koopersmith of counsel), for appellant.

Kaufman Dolowich & Voluck, LLP, Woodbury, N.Y. (Erik A. Ortmann and Adam M. Marshall of counsel), for respondent.

WILLIAM F. MASTRO, J.P., FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, PAUL WOOTEN, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Vito M. DeStefano, J.), entered January 7, 2019. The order, insofar as appealed from, denied the plaintiff's motion pursuant to CPLR 2221 for leave to renew those branches of its prior motion which were to compel certain discovery, which had been denied in an order of the same court entered August 18, 2017.

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

This appeal has been rendered academic in light of our determination on a related appeal ( A.D.E. Systems, Inc. v. Energy Labs, Inc., 183 A.D.3d 791, 124 N.Y.S.3d 361 [Appellate Division Docket No. 2017–08501; decided herewith] ).

MASTRO, J.P.,...