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CREATIVE DESIGNS INTERNATIONAL, LTD. v. BELLA PRODUCTS PTY, LTD.

1604N, 600361/09

68 A.D.3d 414 (2009)

2009 NY Slip Op 8874

888 N.Y.S.2d 743

CREATIVE DESIGNS INTERNATIONAL, LTD., Appellant, v. BELLA PRODUCTS PTY, LTD., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 1, 2009.

After the instant appeal was perfected, the Australian court granted plaintiff's motion to stay all proceedings in the Australian action pending resolution of the action in Supreme Court. Plaintiff thus having obtained the injunctive relief it requested, a determination of this appeal would not affect the rights of the parties (see Matter of Johnson v Pataki, 91 N.Y.2d 214, 222 [1997]). We note that none of the exceptions to the...

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