Cuevas v. 1738 Associates

Order, Supreme Court, Bronx County (Barry Salman, J.), entered August 14, 2012, which granted defendants’ motion for a commission to take a deposition of a nonparty witness after the note of issue was filed, unanimously dismissed, without costs, as moot.

Given that the deposition to which plaintiff objects has already taken place, and her failure to make any attempt to stay the deposition in order to maintain the status quo prior to this appeal, the appeal is dismissed as moot (see Hughes v Farrey, 39 AD3d 431 [1st Dept 2007]; see also Matter of Dreikausen v Zoning Bd. of Appeals of City of…