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Cadle Com. v. Living Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 2006
34 A.D.3d 254 (N.Y. App. Div. 2006)

Opinion

9324N.

November 9, 2006.

Appeal from order, Supreme Court, New York County (Judith J. Gische, J.), entered October 4, 2005, which, to the extent appealed from, granted plaintiffs motion to enforce subpoenas pursuant to CPLR 5223 and denied appellants' cross motions to quash said subpoenas, unanimously dismissed as moot, without costs.

Before: Mazzarelli, J.P., Friedman, Gonzalez, Catterson and Malone, JJ.


It is undisputed that appellant Greco has appeared for deposition and provided the information sought from her as well as regarding her co-appellant, rendering the appeal moot ( see Matter of McMahon v Landon, 154 AD2d 745). Appellants have failed adequately to explain how the circumstances fall within an exception to the mootness doctrine ( see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).


Summaries of

Cadle Com. v. Living Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 2006
34 A.D.3d 254 (N.Y. App. Div. 2006)
Case details for

Cadle Com. v. Living Corp.

Case Details

Full title:THE CADLE COMPANY, as Assignee of The First Women's Bank, Respondent, v…

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

Date published: Nov 9, 2006

Citations

34 A.D.3d 254 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 8056
823 N.Y.S.2d 401