Creative Designs Intl., Ltd. v Bella Prods. Pty, Ltd.

Creative Designs Intl., Ltd. v Bella Prods. Pty, Ltd. 2009 NY Slip Op 08874 [68 AD3d 414] December 1, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Creative Designs International, Ltd., Appellant,
v
Bella Products Pty, Ltd., Respondent.

—[*1] Feder Kaszovitz LLP, New York (R. Jeffrey More of counsel), for appellant.

Edwards Angell Palmer & Dodge LLP, New York (Peter C. Schechter of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered June 1, 2009, which denied plaintiff's motion for a preliminary injunction to stay proceedings in an action between the parties pending in the Federal Court of Australia, unanimously dismissed as moot, without costs.

After the instant appeal was perfected, the Australian court granted plaintiff's motion to stay all proceedings in the Australian action pending resolution of the action in Supreme Court. Plaintiff thus having obtained the injunctive relief it requested, a determination of this appeal would not affect the rights of the parties (see Matter of Johnson v Pataki, 91 NY2d 214, 222 [1997]). We note that none of the exceptions to the mootness doctrine exist here (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Concur—Tom, J.P., Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.