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CSSEL Bare Trust v. Phoenix Life Insurance Co.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 13, 2009

CSSEL BARE TRUST, ETC., PLAINTIFF-APPELLANT,
v.
PHOENIX LIFE INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Appeal from order, Supreme Court, New York County (Marcy S. Friedman, J.), entered March 17, 2009, which granted defendant's motion to dismiss or stay the action to the extent of staying the action pending determination in a federal action entitled Kramer v Lockwood Pension Serv. Inc. (US Dist Ct SD NY, 08 CV 2429, Batts, J.) of defendant's sixth defense of no insurable interest, unanimously dismissed as moot, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Nardelli, Buckley, Acosta, Freedman, JJ.

602934/08

Inasmuch as the District Court issued its decision in the federal action on September 1, 2009 (2009 WL 2878100 [SD NY 2009]), the issue raised on this appeal, whether the motion court abused its discretion in granting a discretionary stay (CPLR 2201), has been rendered moot.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091013

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