Fergusson v Dumbacher

[*1] Fergusson v Dumbacher 2007 NY Slip Op 51430(U) [16 Misc 3d 131(A)] Decided on July 26, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 26, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570564/06.

Claire Fergusson, Plaintiff-Appellant,

against

Joseph Dumbacher and John Dumbacher, Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Shlomo S. Hagler, J.), entered July 12, 2006, which granted the motion of nonparty witnesses to quash subpoenas duces tecum served upon them by plaintiff.

Per Curiam.

Appeal from order (Shlomo S. Hagler, J.), entered July 12, 2006, dismissed as moot, without costs.

This appeal has been rendered moot by a subsequent Civil Court order dismissing the complaint on Statute of Limitations grounds. In any event, were we to consider the merits, we would affirm.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 26, 2007