NARY, II, WALTER J. v. JONIENTZ, ROSEMARY

Appellate Division of the Supreme Court of New York

NARY, II, WALTER J. v. JONIENTZ, ROSEMARY

104 A.D.3d 1141, 960 N.Y.S.2d 670

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

DecidedMarch 15, 2013

DocketCA 12-01503

StatusPublished

Cited by1 cases

This text of 104 A.D.3d 1141 (NARY, II, WALTER J. v. JONIENTZ, ROSEMARY) 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.

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NARY, II, WALTER J. v. JONIENTZ, ROSEMARY, 104 A.D.3d 1141, 960 N.Y.S.2d 670 (N.Y. Ct. App. 2013).

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Opinion

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered October 27, 2011. The order, insofar as appealed from, directed State Farm Insurance Companies to produce certain documentation.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: In this personal injury action, nonparty State Farm Insurance Companies (State Farm) appeals from an order insofar as it denied in part State Farm’s motion to quash the subpoena duces tecum of plaintiff and ordered State Farm to produce certain documents. We conclude that this appeal is moot inasmuch as the documents at issue herein were never admitted in evidence at trial (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]; Matter of Gannett Co., Inc. v Doran, 74 AD3d 1788, 1789 [2010]). The exception to the mootness doctrine does not apply under these circumstances (see generally Hearst Corp., 50 NY2d at 714-715). Present— Smith, J.E, Fahey, Valentino, Whalen and Martoche, JJ.

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Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered October 27, 2011. The order, insofar as appealed from, directed State Farm Insurance Companies to produce certain documentation.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: In this personal injury action, nonparty State Farm Insurance Companies (State Farm) appeals from an order insofar as it denied in part State Farm’s motion to quash the subpoena duces tecum of plaintiff and ordered State Farm to produce certain documents. We conclude that this appeal is moot inasmuch as the documents at issue herein were never admitted in evidence at trial (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]; Matter of Gannett Co., Inc. v Doran, 74 AD3d 1788, 1789 [2010]). The exception to the mootness doctrine does not apply under these circumstances (see generally Hearst Corp., 50 NY2d at 714-715). Present— Smith, J.E, Fahey, Valentino, Whalen and Martoche, JJ.

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104 A.D.3d 1141, 960 N.Y.S.2d 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nary-ii-walter-j-v-jonientz-rosemary-nyappdiv-2013.

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