From Casetext: Smarter Legal Research

Matter of Dent-X Paintless v. Wissemann

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 588 (N.Y. App. Div. 1997)

Opinion

April 28, 1997


In a proceeding pursuant to CPLR 7502 (c) for injunctive relief in connection with an arbitrable controversy, David Wissemann and Steven Muzzonigro appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Adams, J.), dated October 7, 1996, as granted the petitioner's motion for an extension of an existing temporary restraining order until October 31, 1996.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The provision of the order dated October 7, 1996, from which this appeal was taken was stayed by order to show cause dated October 11, 1996, and, thereafter, by decision and order on motion of this Court dated October 18, 1996. Consequently, the provision was only in effect for several days and has since expired. Furthermore, the appellants are not entitled to damages sustained by reason of the order ( see, Gardino v. Rescignano, 152 A.D.2d 911; Honeywell, Inc. v. Technical Bldg. Servs., 103 A.D.2d 433). Accordingly, the appeal is dismissed as academic ( see, Pauk v. Pauk, 234 A.D.2d 280). Miller, J.P., Joy, Goldstein and Florio, JJ., concur.


Summaries of

Matter of Dent-X Paintless v. Wissemann

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 588 (N.Y. App. Div. 1997)
Case details for

Matter of Dent-X Paintless v. Wissemann

Case Details

Full title:In the Matter of DENT-X PAINTLESS DENT REMOVAL, INC., Respondent, v. DAVID…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 28, 1997

Citations

238 A.D.2d 588 (N.Y. App. Div. 1997)
657 N.Y.S.2d 950

Citing Cases

N. BLVD Corona, LLC v. N. BLVD Prop., LLC

Here, the appellants failed to establish that a substantial right of theirs was prejudiced by the court's sua…