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ALVAREZ v. XL SPECIALTY INS. CO.

Index No. 655391/19. Appeal No. 14092-14092A. Case Nos. 2021-00317, 2021-00405.

195 A.D.3d 512 (2021)

145 N.Y.S.3d 791

2021 NY Slip Op 03905

Cesar Alvarez et al., Respondents, et al., Plaintiffs, v. XL Specialty Insurance Company, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 17, 2021.

Attorney(s) appearing for the Case

Skarzynski Marick & Black LLP, New York ( Alexis J. Rogoski of counsel), for appellant.

Sullivan & Cromwell LLP, New York ( Brian D. Glueckstein of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, JJ.

XL is not an aggrieved party of the December 29, 2020 order, which vacated the prior order awarding summary judgment against XL (CPLR 5511).

XL's appeal of the court's prior order, which had granted summary judgment against XL, is moot because the order was subsequently vacated (see Matter of Kyshawn J., 158 A.D.3d 440 [1st Dept 2018]; Matter of State of New York v Richard TT...

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