80 A.D.3d 536 914 N.Y.S.2d 899

CSSEL Bare Trust, Appellant, v Phoenix Life Insurance Company, Respondent.

[914 NYS2d 899]

— Appeal from order, *537Supreme Court, New York County (Marcy S. Friedman, J.), entered June 7, 2010, which denied plaintiffs motion to lift a stay of proceedings in this action pending an interlocutory appeal in a federal action titled Kramer v Lockwood Pension Servs., Inc. (US Dist Ct, SD NY, 08 Civ 2429, Batts, J.), unanimously dismissed as moot, without costs.

Inasmuch as the Court of Appeals issued a decision on November 17, 2010 answering the question certified to it by the Second Circuit in connection with the interlocutory appeal in the federal action (see Kramer v Phoenix Life Ins. Co., 15 NY3d 539 [2010]), the issue whether the motion court improperly declined to lift the stay has been rendered moot. Concur— Gonzalez, P.J., Sweeny, Acosta, Freedman and Abdus-Salaam, JJ.

CSSEL Bare Trust v. Phoenix Life Insurance
80 A.D.3d 536 914 N.Y.S.2d 899

Case Details

Name
CSSEL Bare Trust v. Phoenix Life Insurance
Decision Date
Jan 27, 2011
Citations

80 A.D.3d 536

914 N.Y.S.2d 899

Jurisdiction
New York

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