
    Michelle Gray, Respondent, v Tri-State Consumer Insurance Company, Appellant.
    [67 NYS3d 498]
   In an action, inter alia, to recover damages for breach of a homeowner’s insurance policy, the defendant appeals from an order of the Supreme Court, Queens County (Gavrin, J.), entered July 28, 2016, which granted the plaintiffs motion to strike its answer based upon its alleged failure to comply with a conditional order entered December 16, 2015.

Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of our determination of the companion appeal (see Gray v Tri-State Consumer Ins. Co., 157 AD3d 938 [2018] [decided herewith]).

Hall, J.R, Hinds-Radix, Maltese and Iannacci, JJ., concur.  