Villafane v Macombs Grocery Superette, Corp.
2015 NY Slip Op 02213 [126 AD3d 578]
March 19, 2015
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 29, 2015


[*1]
 Mercedes Villafane et al., Appellants,
v
Macombs Grocery Superette, Corp., Respondent.

Thomas D. Wilson, P.C., Brooklyn (Thomas D. Wilson of counsel), for appellants.

Paganini, Cioci, Pinter, Cusumano & Farole, Melville (Joseph P. Minasi of counsel), for respondent.

Appeal from order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered April 14, 2014, which granted defendant's motion to vacate a judgment and bill of costs, dated November 12, 2013, unanimously dismissed, without costs, as moot.

The issue on appeal, defendant's responsibility for interests, costs, and disbursements, pursuant to CPLR 5003-a, has been rendered moot by the offer of defendant's insurer to pay the disputed amount, and the case is not of the type that would warrant an invocation of the exception to the mootness doctrine (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]). Concur—Mazzarelli, J.P., DeGrasse, Richter and Feinman, JJ.