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HABE v. TRIOLA

154 A.D.2d 437 (1989)

Barbara Habe, Respondent, v. Leonard Triola, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 10, 1989

Ordered that the appeal is dismissed as academic, with costs to the plaintiff.

It is well settled that "[a] matter is moot when a determination is sought on a matter which, if rendered, could not have any practical effect on the existing controversy" (Lighting Horizons v Kahn & Co., 120 A.D.2d 648, 649). This principle is applicable to the present appeal. In the case before us, the Supreme Court awarded partial summary...

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