LIPPMAN v. DIME SAVINGS BANK OF NEW YORK, FSB


262 A.D.2d 52 (1999)

691 N.Y.S.2d 437

ROY LIPPMAN, Appellant, v. DIME SAVINGS BANK OF NEW YORK, FSB, et al., Respondents.

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

Decided June 8, 1999.


Although plaintiff's first cause of action for declaratory and injunctive relief, appropriately characterized by the motion court as one to avert foreclosure upon shares allocated to two units in defendant 340's cooperative apartment building, was properly found to be moot by the motion court by reason of the circumstance that the foreclosures plaintiff sought to avert had already occurred, the finding of mootness dictated the dismissal of the cause, not the mere denial of...

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