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500 EIGHTH AVENUE LIMITED LIABILITY COMPANY v. RESOURCE TRAINING CENTER INC.

Index No. 160028/16. Appeal No. 17590. Case No. 2022-0512.

214 A.D.3d 570 (2023)

184 N.Y.S.3d 595

2023 NY Slip Op 01643

500 Eighth Avenue Limited Liability Company, Respondent, v. Resource Training Center Inc., Also Known as The Resource Training Center, Inc., Appellant, et al., Defendant.

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

Decided March 28, 2023.

Attorney(s) appearing for the Case

C.S., Cardillo, P.C., New York ( Christopher Cardillo of counsel), for appellant.

Rose & Rose, New York ( James E. Bayley of counsel), for respondent.

Concur—Kern, J.P., Oing, Kennedy, Pitt-Burke, Higgitt, JJ.

Appeal from order, Supreme Court, New York County (Lyle E. Frank, J.), entered May 17, 2022, which, to the extent appealed from, denied defendant Resource Training Center Inc.'s motion for discovery on the issue of damages, unanimously dismissed, without costs, as moot.

After the order on appeal was rendered, and before the determination on this appeal, the trial on damages was conducted, therefore rendering this appeal moot (see Matter of Sahid v 1065 Park Ave...

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