JFURTI, LLC v. VERSCHLEISER, 137 A.D.3d 510 (2016)
Court: Supreme Court of New York
Number: innyco20160308321
Visitors: 6
Filed: Mar. 08, 2016
Latest Update: Mar. 08, 2016
Summary: The court supervising discovery stated repeatedly, both at oral argument on the relevant motions and at prior conferences, that the discovery rulings embodied in the orders now appealed from related to the preliminary injunction hearing only, not to the plenary action. The application for a preliminary injunction has been withdrawn. Therefore, the appeal from these orders is moot ( see Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707 [1980]; see also Fair Price Med. Supply Corp. v ELRAC Inc.,
Summary: The court supervising discovery stated repeatedly, both at oral argument on the relevant motions and at prior conferences, that the discovery rulings embodied in the orders now appealed from related to the preliminary injunction hearing only, not to the plenary action. The application for a preliminary injunction has been withdrawn. Therefore, the appeal from these orders is moot ( see Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707 [1980]; see also Fair Price Med. Supply Corp. v ELRAC Inc., ..
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The court supervising discovery stated repeatedly, both at oral argument on the relevant motions and at prior conferences, that the discovery rulings embodied in the orders now appealed from related to the preliminary injunction hearing only, not to the plenary action. The application for a preliminary injunction has been withdrawn. Therefore, the appeal from these orders is moot (see Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707 [1980]; see also Fair Price Med. Supply Corp. v ELRAC Inc., 13 Misc.3d 33 [App Term, 2d Dept, 2d & 11th Jud Dists 2006]).
Source: Leagle
