Njoku v. City of New York

Appellate Division of the Supreme Court of New York

Njoku v. City of New York

280 A.D.2d 283, 719 N.Y.S.2d 858, 2001 N.Y. App. Div. LEXIS 1386

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

DecidedFebruary 6, 2001

StatusPublished

Cited by2 cases

This text of 280 A.D.2d 283 (Njoku v. City of New York) 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

Njoku v. City of New York, 280 A.D.2d 283, 719 N.Y.S.2d 858, 2001 N.Y. App. Div. LEXIS 1386 (N.Y. Ct. App. 2001).

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Opinion

—Appeal from order, Supreme Court, Bronx County (Stanley Green, J.), entered October 12, 1999, which, inter alia, denied plaintiff’s motion to preclude defendants from presenting evidence at trial based on defendants’ failure to respond to interrogatories, unanimously dismissed as moot, without costs.

Following the IAS Court’s determination in the appealed order, plaintiff successfully moved to reargue and, upon reargument, the IAS Court granted the relief plaintiff was seeking. “[I]t is the general policy of the courts of this State where an appeal has been rendered moot to simply dismiss the appeal” (Matter of Ruskin v Safir, 257 AD2d 268, 271). Concur — Sullivan, P. J., Nardelli, Williams, Tom and Friedman, JJ.

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—Appeal from order, Supreme Court, Bronx County (Stanley Green, J.), entered October 12, 1999, which, inter alia, denied plaintiff’s motion to preclude defendants from presenting evidence at trial based on defendants’ failure to respond to interrogatories, unanimously dismissed as moot, without costs.

Following the IAS Court’s determination in the appealed order, plaintiff successfully moved to reargue and, upon reargument, the IAS Court granted the relief plaintiff was seeking. “[I]t is the general policy of the courts of this State where an appeal has been rendered moot to simply dismiss the appeal” (Matter of Ruskin v Safir, 257 AD2d 268, 271). Concur — Sullivan, P. J., Nardelli, Williams, Tom and Friedman, JJ.

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Bluebook (online)

280 A.D.2d 283, 719 N.Y.S.2d 858, 2001 N.Y. App. Div. LEXIS 1386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/njoku-v-city-of-new-york-nyappdiv-2001.

Opinion

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