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FX FUNDING LLC v. FOX RX INC.

Index No. 665779/16. Appeal No. 14422. Case No. 2021-00643.

198 A.D.3d 530 (2021)

152 N.Y.S.3d 818

2021 NY Slip Op 05774

FX Funding LLC, Respondent, v. Fox RX Inc. et al., Appellants.

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

Decided October 21, 2021.

Attorney(s) appearing for the Case

Law Office of Harriette N. Boxer, Bayshore ( Harriette N. Boxer of counsel), for appellants.

Law Office of Sheldon H. Gopstein, New York ( Sheldon H. Gopstein of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Kern, Oing, Kennedy, JJ.

Supreme Court having decided the only dispositive motion pending when defendants sought the stay, i.e., a motion to dismiss the complaint as against the individual defendants, by order entered July 2, 2021, the order on appeal is presently moot (see E-Z Eating 41 Corp. v H.E. Newport L.L.C., 84 A.D.3d 401 [1st Dept 2011]). No exception to the mootness doctrine applies (see Matter of...

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