Appellate Division of the Supreme Court of New York, 2012

Clark v. A.O. Smith Water Products

Clark v. A.O. Smith Water Products
Appellate Division of the Supreme Court of New York · Decided February 9, 2012
92 A.D.3d 486; 937 N.Y.2d 853
Clark v. A.O. Smith Water Products

Opinion of the Court

The discontinuances in two of the actions and substitution of counsel in the other deprive appellant of any further controversy to have determined; there does not appear to be any exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). If we were to address the merits, we would find that the motion court properly granted the motion in light of appellant’s intimate familiarity with the moving defendants’ settlement strategies. Concur — Tom, J.P., Sweeny, Acosta, Renwick and Román, JJ.

Motion to supplement record or take judicial notice of certain documents denied.

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