Opinion
April 19, 1990
Appeal from the Supreme Court, New York County (William J. Davis, J.).
The auction which petitioners sought to enjoin occurred on April 13, 1989, and involved the one-time sale of 56 bottles of wine out of the estate's collection of 212 bottles. A determination of this court will not affect the rights of the parties and the interest of the parties will not be an "immediate consequence of the judgment" (Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714). The case at bar does not exhibit the factors necessary for it to be excepted from the doctrine of mootness, which are: (1) a likelihood of repetition, either between the parties or among other members of the general public; (2) a phenomenon typically evading review; and (3) a showing of significant or important questions not previously passed on, i.e., substantial and novel causes (Matter of Hearst Corp. v Clyne, supra, at 714-715).
Concur — Kupferman, J.P., Milonas, Asch, Kassal and Smith, JJ.