Kensington Intl. Ltd. v Hiner

Kensington Intl. Ltd. v Hiner 2007 NY Slip Op 04568 [40 AD3d 541] May 31, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 11, 2007

Kensington International Limited et al., Appellants,
v
Glen Hiner et al., Respondents.

—[*1] Cooley Godward Kronish LLP, New York (Stephen A. Wieder of counsel), for appellants.

Sidley Austin LLP, Chicago, Ill. (Walter Carlson, of the Illinois bar, admitted pro hac vice, of counsel), for respondents.

Appeal from judgment, Supreme Court, New York County (Herman Cahn, J.), entered October 20, 2006, bringing up for review an order, same court and Justice, entered August 29, 2006, dismissing the complaint for failure to state a cause of action, unanimously dismissed as moot, with costs in favor of defendants. Appeal from aforesaid order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiffs' claims are moot. Having conceded that they have recovered the full amount of the outstanding debt, plus interest, as a result of Owens Corning's reorganization, plaintiffs no longer have any legally cognizable claim for damages. Concur—Mazzarelli, J.P., Friedman, Marlow, McGuire and Malone, JJ.