Legal Opinion
Habe v. Triola
Appellate Division of the Supreme Court of the State of New York
Decided October 10, 1989PublishedCited by 8 opinions
1Opinion of the Court
— In an action to recover damages for wrongful death, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Lonschein, J.), dated March 1, 1988, as granted the plaintiff’s motion for partial summary judgment on the issue of fault as to the plaintiff’s second cause of action sounding in negligence, and, in effect, denied the defendant’s cross motion to dismiss that cause of action.
Ordered that the appeal is dismissed as academic, with costs to the plaintiff.
It is well settled that "[a] matter is moot when a determination is sought on a…
2Cases cited4 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Lighting Horizons, Inc. v. E. A. Kahn & Co.Appellate Division of the Supreme Court of the State of New York · 1986
- General Building Contractors of New York State, Inc. v. EganAppellate Division of the Supreme Court of the State of New York · 1984
- Barrett Foods Corp. v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by8 opinions
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- In re Dewayne B.Appellate Division of the Supreme Court of the State of New York · 2001
- Klam v. KlamAppellate Division of the Supreme Court of the State of New York · 1997
- Lzg Realty, LLC v. H.D.W. 2005 Forest, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Deutsche Bank Natl. Trust Co. v. 9th St, LLCAppellate Division of the Supreme Court of the State of New York · 2021
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