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MATTER OF FRANCO v. DWECK

654589/16. 7441. 7440. 7439. 7438.

165 A.D.3d 551 (2018)

87 N.Y.S.3d 5

2018 NY Slip Op 07068

In the Matter of Jack R. Franco et al., Respondents, v. Murray Dweck et al., Appellants.

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

Decided October 23, 2018.

As petitioners correctly argue, respondents' compliance with the partial final arbitration award's mandatory injunction to consent to refinancing the mortgage on the building, without so much as seeking a stay of its enforcement, renders moot their appeal from that part of the confirmation of the award (see Garner v Agiovlasitis, 287 A.D.2d 387 [1st Dept 2001]).

Were we to reach the issue, we would find that the use of the...

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