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

Appellate Division of the Supreme Court of the State of New York·Decided February 6, 2001·Published·Cited by 2 cases

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.

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).

Pincite

280 A.D.2d 283 (Njoku v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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