Opinion
No. 2006-05286.
July 17, 2007.
In a putative class action to recover damages for violation of General Business Law § 349 and unjust enrichment, the plaintiff's appeal from an order of the Supreme Court, Westchester County (Rudolph, J.), dated September 23, 2005, which granted the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) and, in effect, denied their cross application for leave to replead pursuant to CPLR 3211 (e).
Labaton Sucharow Rudoff, LLP, New York, N.Y. (Barbara J. Hart, Natalie S. Marcus, Barry Michael Okun, and Miller, Faucher Cofferty, LLP [Marun A. Miller and Jennifer W. Spengel] of counsel), for appellants.
Greenberg Traurig, LLP, New York, N.Y. (Loring I. Fenton and Sophia Tsokos of counsel), for respondent.
Before: Ritter, J.P., Goldstein, Fisher and Balkin, JJ., concur.
Ordered that the appeal from the order is dismissed, with costs, as that order was superseded by an order of the same court dated April 24, 2006, made upon reargument ( see Vigiletti v Sears, Roebuck Co.), 42 AD3d 497 [decided herewith]).