Mitchell v. Brown

Appellate Division of the Supreme Court of New York

Mitchell v. Brown

43 A.D.3d 1010, 841 N.Y.S.2d 467

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

DecidedSeptember 18, 2007

StatusPublished

This text of 43 A.D.3d 1010 (Mitchell v. Brown) 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

Mitchell v. Brown, 43 A.D.3d 1010, 841 N.Y.S.2d 467 (N.Y. Ct. App. 2007).

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Opinion

In an action to recover [1011]*1011damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Winslow, J.), dated June 10, 2006, as granted that branch of the defendants’ motion which was to amend and correct a judgment of the same court dated January 24, 2006, to provide for the accrual of prejudgment interest from the date of the verdict on the issue of damages rather than from April 13, 2005, the date of an order of the same court granting the plaintiffs’ motion for summary judgment on the issue of liability.

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

In light of our determination of the separate appeal by the defendants from the judgment dated January 24, 2006, (see Mitchell v Brown, 43 AD3d 1009 [2007] [decided herewith]), this appeal has been rendered academic and therefore must be dismissed. Spolzino, J.P, Skelos, Lifson and Balkin, JJ., concur.

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In an action to recover [1011]*1011damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Winslow, J.), dated June 10, 2006, as granted that branch of the defendants’ motion which was to amend and correct a judgment of the same court dated January 24, 2006, to provide for the accrual of prejudgment interest from the date of the verdict on the issue of damages rather than from April 13, 2005, the date of an order of the same court granting the plaintiffs’ motion for summary judgment on the issue of liability.

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

In light of our determination of the separate appeal by the defendants from the judgment dated January 24, 2006, (see Mitchell v Brown, 43 AD3d 1009 [2007] [decided herewith]), this appeal has been rendered academic and therefore must be dismissed. Spolzino, J.P, Skelos, Lifson and Balkin, JJ., concur.

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Bluebook (online)

43 A.D.3d 1010, 841 N.Y.S.2d 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-brown-nyappdiv-2007.

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