Legal Opinion

Fidata Trust Co. Massachusetts v. Leahy Business Archives, Inc.

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

Decided November 5, 1992PublishedCited by 4 opinions

1Opinion of the Court

Appeal from order, Supreme Court, New York County (Burton S. Sherman, J.), entered January 31, 1991, which granted defendant’s motion for summary judgment on damages only to the extent of directing the plaintiff to serve a response to defen*271dant’s notice of discovery and inspection, dismissed as moot, with costs.

The order on appeal was subsequently vacated and thus rendered moot. The defendant is no longer an aggrieved party (see, CPLR 5511; cf., 100 Hudson Tenants Corp. v Laber, 98 AD2d 692), and accordingly the appeal should be dismissed. In any event, this Court’s previous order of…

2Cases cited3 opinions

  1. Martin v. City of CohoesNew York Court of Appeals · 1975
  2. I.C.C. Metals, Inc. v. Municipal Warehouse Co.New York Court of Appeals · 1980
  3. 100 Hudson Tenants Corp. v. LaberAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by4 opinions

  1. Reyes v. SequeiraAppellate Division of the Supreme Court of the State of New York · 2009
  2. Wells Fargo Bank, NA v. DanielAppellate Division of the Supreme Court of the State of New York · 2022
  3. Matter of Oneida Health Sys., Inc. (Hazem Qalla)Appellate Division of the Supreme Court of the State of New York · 2022
  4. Yesenia S. v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2018

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