Villafane v. Macombs Grocery Superette, Corp.

Appellate Division of the Supreme Court of New York

Villafane v. Macombs Grocery Superette, Corp.

126 A.D.3d 578, 3 N.Y.S.3d 584

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

DecidedMarch 19, 2015

Docket14569 302382/11

StatusPublished

This text of 126 A.D.3d 578 (Villafane v. Macombs Grocery Superette, Corp.) 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

Villafane v. Macombs Grocery Superette, Corp., 126 A.D.3d 578, 3 N.Y.S.3d 584 (N.Y. Ct. App. 2015).

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Opinion

Appeal from order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered April 14, 2014, which granted defendant’s motion to vacate a judgment and bill of costs, dated November 12, 2013, unanimously dismissed, without costs, as moot.

The issue on appeal, defendant’s responsibility for interests, *579 costs, and disbursements, pursuant to CPLR 5003-a, has been rendered moot by the offer of defendant’s insurer to pay the disputed amount, and the case is not of the type that would warrant an invocation of the exception to the mootness doctrine (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]).

Concur — Mazzarelli, J.P., DeGrasse, Richter and Feinman, JJ.

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Appeal from order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered April 14, 2014, which granted defendant’s motion to vacate a judgment and bill of costs, dated November 12, 2013, unanimously dismissed, without costs, as moot.

The issue on appeal, defendant’s responsibility for interests, *579 costs, and disbursements, pursuant to CPLR 5003-a, has been rendered moot by the offer of defendant’s insurer to pay the disputed amount, and the case is not of the type that would warrant an invocation of the exception to the mootness doctrine (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]).

Concur — Mazzarelli, J.P., DeGrasse, Richter and Feinman, JJ.

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Bluebook (online)

126 A.D.3d 578, 3 N.Y.S.3d 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/villafane-v-macombs-grocery-superette-corp-nyappdiv-2015.

Opinion

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