Kensington International Ltd. v. Hiner

Appellate Division of the Supreme Court of New York

Kensington International Ltd. v. Hiner

40 A.D.3d 541, 834 N.Y.S.2d 861

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 31, 2007

StatusPublished

This text of 40 A.D.3d 541 (Kensington International Ltd. v. Hiner) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kensington International Ltd. v. Hiner, 40 A.D.3d 541, 834 N.Y.S.2d 861 (N.Y. Ct. App. 2007).

Pincite

Opinion

Appeal from judgment, Supreme Court, New York County (Herman Cahn, J.), entered October 20, 2006, bringing up for review an order, same court and Justice, entered August 29, 2006, dismissing the complaint for failure to state a cause of action, unanimously dismissed as moot, with costs in favor of defendants. Appeal from aforesaid order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiffs’ claims are moot. Having conceded that they have recovered the full amount of the outstanding debt, plus interest, as a result of Owens Coming’s reorganization, plaintiffs no longer have any legally cognizable claim for damages. Concur— Mazzarelli, J.E, Friedman, Marlow, McGuire and Malone, JJ.

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Appeal from judgment, Supreme Court, New York County (Herman Cahn, J.), entered October 20, 2006, bringing up for review an order, same court and Justice, entered August 29, 2006, dismissing the complaint for failure to state a cause of action, unanimously dismissed as moot, with costs in favor of defendants. Appeal from aforesaid order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiffs’ claims are moot. Having conceded that they have recovered the full amount of the outstanding debt, plus interest, as a result of Owens Coming’s reorganization, plaintiffs no longer have any legally cognizable claim for damages. Concur— Mazzarelli, J.E, Friedman, Marlow, McGuire and Malone, JJ.

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Bluebook (online)

40 A.D.3d 541, 834 N.Y.S.2d 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kensington-international-ltd-v-hiner-nyappdiv-2007.