Summary
This Appellate Division, Second Department slip opinion addresses an appeal by defendants Persi Contracting Corp. and Michael Persichilli from a Supreme Court order denying their motion to dismiss a second amended complaint alleging breach of contract. The appellate court dismissed the appeal as academic without costs, noting that the matter was resolved simultaneously in a related appeal decided herewith. The decision was issued by Justices Barros, Ford, Voutsinas, and Landicino on April 2, 2025.
Topics
Practice areas
Questions Presented
- Whether the appeal is academic and should be dismissed.
Holdings
- The appeal is dismissed as academic, without costs or disbursements.
Factual background
The action was brought by Omorfoula Treskas to recover damages for breach of contract against Style & Care, Inc., and others. Defendants Persi Contracting Corp. and Michael Persichilli moved to dismiss the second amended complaint under CPLR 3211(a)(7), which was denied by the Supreme Court, Queens County on October 15, 2021.
Procedural history
The Supreme Court, Queens County denied the defendants' motion to dismiss the second amended complaint on October 15, 2021; the defendants then appealed to the Appellate Division, Second Department.