| Braithwaite v City of New York |
| 2023 NY Slip Op 05244 [220 AD3d 834] |
| October 18, 2023 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Sandra Braithwaite, as Proposed Administratrix of the
Estate of Sheridan Braithwaite, Jr., Deceased, Respondent, v City of New York, Defendant, and New York City Transit Authority et al., Appellants. |
Anna J. Ervolina, Brooklyn, NY (Timothy J. O'Shaughnessy of counsel), for appellants.
In an action, inter alia, to recover damages for wrongful death, the defendants New York City Transit Authority and Metropolitan Transit Authority appeal from an order of the Supreme Court, Kings County (Katherine A. Levine, J.), dated February 16, 2021. The order, insofar as appealed from, failed to determine those defendants' cross-motion pursuant to CPLR 3211 (a) to dismiss the complaint insofar as asserted against them.
Ordered that the appeal is dismissed, without costs or disbursements.
We do not reach the arguments of the defendants New York City Transit Authority and Metropolitan Transit Authority regarding their cross-motion pursuant to CPLR 3211 (a) to dismiss the complaint insofar as asserted against them. The cross-motion was not addressed in the order appealed from and, therefore, remains pending and undecided (see Katz v Katz, 68 AD2d 536, 543 [1979]). Accordingly, we dismiss the appeal. LaSalle, P.J., Connolly, Genovesi and Voutsinas, JJ., concur.