DECISION & ORDER
In an action to recover damages for personal injuries, the defendant Volmar Construction, Inc., appeals from an order of the Supreme Court, Kings County (Loren Baily–Schiffman, J.), dated December 19, 2019. The order, insofar as appealed from, denied that defendants cross-motion pursuant to CPLR 3211(a) to dismiss the amended complaint insofar as asserted against it.
ORDERED that the appeal is dismissed as academic, with costs, in light of our determination on a related appeal (see Rowe v. 4601 Second Ave, LLC, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2024 WL 3351838 [Appellate Division Docket No. 2021–00853; decided herewith]).
BRATHWAITE NELSON, J.P., DOWLING, VOUTSINAS and LOVE, JJ., concur.