Weiss v. Hersh

Appellate Division of the Supreme Court of New York

Weiss v. Hersh

199 A.D.2d 382, 608 N.Y.S.2d 84, 1993 N.Y. App. Div. LEXIS 12131

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

DecidedDecember 20, 1993

StatusPublished

This text of 199 A.D.2d 382 (Weiss v. Hersh) 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

Weiss v. Hersh, 199 A.D.2d 382, 608 N.Y.S.2d 84, 1993 N.Y. App. Div. LEXIS 12131 (N.Y. Ct. App. 1993).

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Opinion

In (1) an action, inter alia, to declare the nullity of certain common stock issued to the defendants (Matter No. 1), and (2) a related proceeding, inter alia, to dissolve Safety First Systems, Ltd. (Matter No. 2), the appeal is from an order of the Supreme Court, Nassau County (McCabe, J.), dated October 30, 1990, which, inter alia, denied the appellants’ cross motion to dismiss the complaint and petition.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

Since the instant action and proceeding were subsequently dismissed by the Supreme Court, any determination by this Court will not affect the rights of the parties with respect thereto. We find that the matter does not otherwise warrant invoking an exception to the mootness doctrine (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707). Accordingly, we dismiss the appeal as academic. Bracken, J. P., Sullivan, Lawrence and Joy, JJ., concur.

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In (1) an action, inter alia, to declare the nullity of certain common stock issued to the defendants (Matter No. 1), and (2) a related proceeding, inter alia, to dissolve Safety First Systems, Ltd. (Matter No. 2), the appeal is from an order of the Supreme Court, Nassau County (McCabe, J.), dated October 30, 1990, which, inter alia, denied the appellants’ cross motion to dismiss the complaint and petition.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

Since the instant action and proceeding were subsequently dismissed by the Supreme Court, any determination by this Court will not affect the rights of the parties with respect thereto. We find that the matter does not otherwise warrant invoking an exception to the mootness doctrine (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707). Accordingly, we dismiss the appeal as academic. Bracken, J. P., Sullivan, Lawrence and Joy, JJ., concur.

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Bluebook (online)

199 A.D.2d 382, 608 N.Y.S.2d 84, 1993 N.Y. App. Div. LEXIS 12131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-hersh-nyappdiv-1993.

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