Fort Parties, Ltd. v. ENK International (84 A.D.3d 676, 2011)

Consolidated appeals from order, Supreme Court, New York County (Milton A. Tingling, J.), entered November 12, 2009, which, to the extent appealed from, in the “fraud” action (index No. 101979/09, denied defendants’ motions to dismiss the amended complaint, and in the “invoice” action (index No. 116257/08), denied defendants’ motion to dismiss in part the amended complaint and granted plaintiff’s cross motion to file a second amended complaint, unanimously dismissed, without costs, as moot in light of this Court’s decision in Port Parties, Ltd. v ENK Inti. LLC (84 AD3d 685 [2011] [decided simultaneously herewith]). Concur — Andrias, J.E, Saxe, McGuire, Moskowitz and Freedman, JJ.