Barnhart v Kingston NH Operation LLC

Summary

The Appellate Division, Third Department dismissed as moot an appeal from an order denying defendants' motion to dismiss a nursing home malpractice action. The appeal became moot after the trial court granted summary judgment dismissing the underlying action based on immunity under New York's Emergency or Disaster Treatment Protection Act, and the court concluded that the issue was not likely to evade review.

Holdings

1. The subsequent dismissal of the underlying action rendered defendant's appeal from the denial of its motion to dismiss moot because defendant had already received all the relief sought through the appeal.
2. The exception to the mootness doctrine did not apply because the issues were not likely to evade review; plaintiff could appeal from the later summary judgment order on a more fully developed record.

Questions Presented

1. Whether the appeal from the denial of defendants' motion to dismiss became moot after the Supreme Court subsequently granted defendant summary judgment dismissing the underlying action.
2. Whether an exception to the mootness doctrine applied because the issues presented were likely to evade review.

Disposition

dismissed