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Terri Viglietta v. Asbestos Corporation Limited, et al.

Terri Viglietta v. Asbestos Corporation Limited, et al.

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Clyde & Co US LLP, New York City (Peter J. Dinunzio of Counsel), for Defendant-Appellant. Phillips Lytle LLP, Buffalo (Joshua Glasgow of Counsel), for Nonparty-Respondent. Appeal from an order of the Supreme Court, Niagara County (Deborah A. Chimes, J.), entered April 21, 2022. The order, insofar as appealed from, granted the motion of nonparty Occidental Chemical Corporation to quash a subpoena issued to it by defendant Hedman Resources Limited. It is hereby ORDERED that said appeal is unanimously dismissed without costs. Memorandum: Defendant Hedman Resources Limited (Hedman) appeals from an order insofar as it granted the motion of nonparty Occidental Chemical Corporation (OCC) to quash a subpoena served on OCC by Hedman. During the pendency of this appeal, this matter proceeded to trial, the jury returned a verdict against Hedman and another party, and Hedman appealed from the judgment. The appeal from the order must be dismissed inasmuch as the order is subsumed in the final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]; Knapp v. Finger Lakes NY, Inc., 184 AD3d 335, 337 [4th Dept 2020]; Smith v. Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435, 435 [2d Dept 1989]; see generally CPLR 5501 [a] [1]).

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