Opinion
13333 M-3979 Index No. 153060/15 Case No. 2020-03357
03-11-2021
Pollack Pollack Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellant. Goldberg Segalla LLP, Buffalo ( Meghan M. Brown of counsel), for United States Tennis Association and United States Tennis Association National Tenant Center, Inc., respondents. Shook Hardy & Bacon, New York ( Robb Denney of counsel), for Levy Restaurants, respondent. Harris Beach PLLC, New York ( Svetlana K. Ivy of counsel), for A & A Maintenance & Contracting, Inc., respondent.
Pollack Pollack Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellant.
Goldberg Segalla LLP, Buffalo ( Meghan M. Brown of counsel), for United States Tennis Association and United States Tennis Association National Tenant Center, Inc., respondents.
Shook Hardy & Bacon, New York ( Robb Denney of counsel), for Levy Restaurants, respondent.
Harris Beach PLLC, New York ( Svetlana K. Ivy of counsel), for A & A Maintenance & Contracting, Inc., respondent.
Webber, J.P., Kern, Scarpulla, Mendez, JJ.
Appeal from order, Supreme Court, New York County (Robert David Kalish, J.), entered January 29, 2020, which granted defendant Levy Restaurants' motion to, inter alia, compel plaintiff to appear for a further deposition to answer questions relating to brain imaging and a motor vehicle accident that post-dated her fall, and to provide authorizations for medical records related to the imaging and the accident, unanimously dismissed, without costs, as moot.
Plaintiff's appeal is moot since the deposition to which she objects has already been held, she has provided authorizations for the medical records at issue, and she made no attempt to maintain the status quo prior to this appeal ( see Cuevas v. 1738 Assoc., L.L.C., 111 A.D.3d 416, 416, 974 N.Y.S.2d 380 [1st Dept. 2013] ; see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ).
Motion to dismiss appeal, granted.