Summary
In Whalen, the court also considered the cause of action to have accrued when the fraud took place, but explained that a reasonable person should have made diligent inquiries when the fraud took place, thus implying that the standard also is whether plaintiff knew or should have known of the breach of fiduciary duty.
Summary of this case from Dymm v. CahillOpinion
October 26, 1989
Appeal from the Supreme Court, Sullivan County (Williams, J.).
The order appealed from granting a motion by defendants Dolphin Development Corporation, Blawite Properties, Inc., Fallsburgh Properties, Inc. and Edward J. Garling for partial summary judgment having been superseded by Supreme Court's order granting renewal of that earlier motion, this appeal, brought by defendant Treasure Lake Associates, has been rendered moot (see, Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C5517:1, at 174; see also, Public Serv. Truck Renting v Ambassador Ins. Co., 136 A.D.2d 911; Hyman v Hillelson, 79 A.D.2d 725, affd 55 N.Y.2d 624).
Appeal dismissed, as moot, without costs. Kane, J.P., Casey, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.