Appellate Division of the Supreme Court of the State of New York December 6, 2004 (Carmo v. Verizon)

In an action, inter alia, to recover damages for failure to comply with a subpoena, the defendant appeals from an order of the Supreme Court, Nassau County (Lally, J.), entered June 10, 2003, which denied its motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

Ordered that the appeal is dismissed as academic, without costs or disbursements.