CSSEL Bare Trust v Phoenix Life Ins. Co., 2011 NY Slip Op 00427

Decided on January 27, 2011

Appellate Division, First Department

[*1] CSSEL Bare Trust, etc., Plaintiff-Appellant,

v

Phoenix Life Insurance Company, Defendant-Respondent.

Appeal from order, Supreme Court, New York County (Marcy S. Friedman, J.), entered June 7, 2010, which denied plaintiff’s 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. , ___ NY3d ___, 2010 NY Slip Op 08376 [2010]), the issue whether the motion court improperly declined to lift the stay has been rendered moot..