Summary
This Appellate Division, Second Department order addresses a plaintiff's appeal from a trial court's denial of her motion for leave to renew opposition to a defendant's motion to dismiss based on lack of personal jurisdiction. The court dismissed the appeal as academic because it had already ruled on a related appeal concerning the same underlying issues. The decision was issued by a panel of four justices without costs or disbursements.
Topics
Practice areas
Questions Presented
- Whether the appeal is moot/academic in light of a related appeal determination.
Holdings
- The appeal is dismissed as academic.
Key quotations
“The appeal must be dismissed as academic in light of our determination on a related appeal.”
Factual background
The plaintiff, Natasha Grimes, sought damages for alleged medical malpractice. The defendant, Reinaldo Figueroa, moved to dismiss the complaint for lack of personal jurisdiction, which was granted. Grimes attempted to renew her opposition to that dismissal, but the trial court denied the motion to renew.
Procedural history
The plaintiff appealed an order dated February 8, 2023, which denied her motion to renew opposition to the defendant's motion to dismiss for lack of personal jurisdiction. The lower court had previously granted dismissal on December 6, 2021. The Appellate Division dismissed the appeal as academic.