CUEVAS v. 1738 ASSOC., L.L.C.

10962N, 17673/07.

111 A.D.3d 416 (2013)

974 N.Y.S.2d 380

2013 NY Slip Op 7264

AIDA CUEVAS, Appellant, v. 1738 ASSOCIATES, L.L.C., et al., Respondents.

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

Decided November 7, 2013.


Order, Supreme Court, Bronx County (Barry Salman, J.), entered August 14, 2012, which granted defendants' motion for a commission to take a deposition of a nonparty witness after the note of issue was filed, unanimously dismissed, without costs, as moot.

Given that the deposition to which plaintiff objects has already taken place, and her failure to make any attempt to stay the deposition in order to maintain the status quo prior to this appeal, the appeal is dismissed...

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