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City of Mount Vernon v. Lexington Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1997
240 A.D.2d 357 (N.Y. App. Div. 1997)

Opinion

June 2, 1997

Appeal from Supreme Court, Westchester County (Scarpino, J.).


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

Since the commencement of the instant declaratory judgment action, this Court has reversed an order of the Supreme Court, Westchester County, entered October 3, 1996, in the underlying personal injury actions which denied the City of Mount Vernon's motion for summary judgment and we granted summary judgment to the City of Mount Vernon dismissing the complaints and all cross claims ( Powell v. City of Mount Vernon, 228 A.D.2d 572). Further, the Court of Appeals denied leave to appeal ( Powell v. City of Mount Vernon, 89 N.Y.2d 807). Consequently, any determination by this Court will not immediately affect the rights of the parties with respect to this action. The matter does not otherwise warrant invoking an exception to the mootness doctrine ( see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714).

Copertino, J.P., Thompson, Santucci and Friedmann, JJ., concur.


Summaries of

City of Mount Vernon v. Lexington Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1997
240 A.D.2d 357 (N.Y. App. Div. 1997)
Case details for

City of Mount Vernon v. Lexington Ins. Co.

Case Details

Full title:CITY OF MOUNT VERNON, Respondent, v. LEXINGTON INSURANCE COMPANY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 2, 1997

Citations

240 A.D.2d 357 (N.Y. App. Div. 1997)
658 N.Y.S.2d 1018

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