Espinoza v. Fowler-Daley Owners, Inc.

Appeal from order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered August 19, 2016, which denied plaintiff’s motion for summary judgment on liability without prejudice to renew after the determination of outstanding discovery motions and the completion of discovery, unanimously dismissed, without costs, as academic.

There is no reason to entertain this appeal because, after the outstanding discovery was completed, the motion court granted plaintiff’s motion to renew his summary judgment motion, which had been denied without prejudice to renew. No appeal lies from an order…