MATTER OF DEVIVO


47 A.D.3d 811 (2008)

849 N.Y.S.2d 178

In the Matter of DENNIS J. DEVIVO, Appellant. NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent.

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

Decided January 22, 2008.


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

Under the particular circumstances of this case, including the fact that the petitioner has commenced the action for which he allegedly needed the pre-action disclosure, any determination by this Court with respect to the denial of the petition for such disclosure would not directly affect the parties' rights (see Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707,...

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