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Del Priore v. Gindel
Citations: 226 A.D.2d 580; 641 N.Y.S.2d 118; 1996 N.Y. App. Div. LEXIS 4495
Court: Appellate Division of the Supreme Court of the State of New York; April 22, 1996; New York; State Appellate Court
In a legal action to recover damages for breach of an alleged partnership agreement, a judgment was entered against Frank L. Ambrosino, prohibiting him from using the name and service mark "Frank’s Steaks." The defendants, Brent Gindel and Great American Cafe Inc., appealed an order denying their motion to hold Ambrosino in contempt for violating this judgment. The appeal was dismissed as academic because the appellants had sold their rights to the "Frank’s Steaks" service mark prior to the appeal's resolution. Consequently, any court decision would not impact the parties' rights concerning this matter, and no exception to the mootness doctrine was warranted. The appellate court, consisting of Judges Mangano, Balletta, Copertino, and Hart, concurred with the dismissal.