Bajrovic v. Jeff Anders Trucking
Citation | 858 N.Y.S.2d 896,2008 NY Slip Op 05468,52 A.D.3d 553 |
Decision Date | 10 June 2008 |
Docket Number | 2008-00590.,2007-06515. |
Parties | ERDAN BAJROVIC, Respondent, v. JEFF ANDERS TRUCKING et al., Appellants. |
Court | New York Supreme Court Appellate Division |
Ordered that the appeals are dismissed, without costs or disbursements.
The defendants concede that since the date of filing of these appeals the plaintiff has complied with their request for expert witness information pursuant to CPLR 3101 (d) (1). Accordingly, the appeals have been rendered academic.
Further, we note that the appeal from so much of the order dated November 8, 2007, as, sua sponte, modified the prior order dated May 30, 2007, is not appealable as of right, as that portion of the order did not decide a motion made on notice (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333, 335 [2003]; Wall St. Mail Pick Up Serv., Inc. v Lancer Ins. Co., 44 AD3d 851 [2007]; Lewis v City of New York, 2 AD3d 597, 599 [2003]; Dunham v Wing, 295 AD2d 309, 310 [2002]). We decline to grant leave to appeal, as the defendants' contentions regarding that branch of their motion which was to compel the plaintiff to provide expert witness information have been rendered academic (see CPLR 5701 [c]).
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...served on those three entities. Accordingly, those portions of the defendant's appeal must be dismissed ( see Bajrovic v. Jeff Anders Trucking, 52 A.D.3d 553, 858 N.Y.S.2d 896; Schmidt v. Maiorino, 209 A.D.2d 683, 684, 619 N.Y.S.2d 139). We turn now to the defendant's contention that the Su......
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In re Aidin V.
...motion to compel the DSS to produce the documents to him in paper format has been rendered academic (see Matter of Bajrovic v. Jeff Anders Trucking, 52 A.D.3d 553, 553, 858 N.Y.S.2d 896 ; Schmidt v. Maiorino, 209 A.D.2d 683, 684, 619 N.Y.S.2d 139 ). Moreover, this issue does not warrant inv......
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...the defendant's partial compliance with those requests ( cf. Kooper v. Kooper, 74 A.D.3d 6, 9, 901 N.Y.S.2d 312;Bajrovic v. Jeff Anders Trucking, 52 A.D.3d 553, 858 N.Y.S.2d 896). However, the denial of that branch of the plaintiffs' motion was appropriate as those requests were overly broa......
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