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Creative Designs International, Ltd. v. Bella Products Pty

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 1, 2009

CREATIVE DESIGNS INTERNATIONAL, LTD., PLAINTIFF-APPELLANT,
v.
BELLA PRODUCTS PTY, LTD., DEFENDANT-RESPONDENT.

Appeal from order, Supreme Court, New York County (Richard B. Lowe III, J.), entered June 1, 2009, which denied plaintiff's motion for a preliminary injunction to stay proceedings in an action between the parties pending in the Federal Court of Australia, 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.

Tom, J.P., Sweeny, Moskowitz, Acosta, Abdus-Salaam, JJ.

600361/09

After the instant appeal was perfected, the Australian court granted plaintiff's motion to stay all proceedings in the Australian action pending resolution of the action in Supreme Court. Plaintiff thus having obtained the injunctive relief it requested, a determination of this appeal would not affect the rights of the parties (see Matter of Johnson v Pataki, 91 NY2d 214, 222 [1997]). We note that none of the exceptions to the mootness doctrine exist here (see Matter of Hearst Corp v Clyne, 50 NY2d 707, 714-715 [1980]).

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

20091201

© 1992-2009 VersusLaw Inc.



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