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THE CADLE COMPANY v. COURT LIVING CORPORATION

34 A.D.3d 254 (2006)

823 N.Y.S.2d 401

THE CADLE COMPANY, as Assignee of The First Women's Bank, Respondent, v. COURT LIVING CORPORATION et al., Defendants. LINDA E. GRECO et al., Nonparty Appellants.

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

Decided November 9, 2006.

It is undisputed that appellant Greco has appeared for deposition and provided the information sought from her as well as regarding her co-appellant, rendering the appeal moot (see Matter of McMahon v Landon, 154 A.D.2d 745 [1989]). Appellants have failed adequately to explain how the circumstances fall within an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707

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