Home/New York Court of Appeals/Park East Corp. v. Whalen

Park East Corp. v. Whalen

372 N.E.2d 578, 43 N.Y.2d 735, 401 N.Y.S.2d 791, 1977 N.Y. LEXIS 2533
CourtNew York Court of Appeals
DecidedNovember 22, 1977
StatusPublished
Cited by18 cases

This text of 372 N.E.2d 578 (Park East Corp. v. Whalen) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Park East Corp. v. Whalen, 372 N.E.2d 578, 43 N.Y.2d 735, 401 N.Y.S.2d 791, 1977 N.Y. LEXIS 2533 (N.Y. 1977).

Opinion

[736]*736OPINION OF THE COURT

Order reversed, with costs, and the matter remitted to the Appellate Division, First Department, with directions to dismiss the proceeding as moot. It is undisputed that the hospitals involved have been closed, the mortgages on their premises have been foreclosed and the premises sold, and that the operating corporations are in bankruptcy. The effect of our disposition is not only to vacate the determinations heretofore made, but “to erase the whole case from the books” (Cohen and Karger, Powers of the New York Court of Appeals [rev ed], p 420) and to eliminate therefrom the grounds for those determinations.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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Bluebook (online)
372 N.E.2d 578, 43 N.Y.2d 735, 401 N.Y.S.2d 791, 1977 N.Y. LEXIS 2533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/park-east-corp-v-whalen-ny-1977.