Practice point: Courts may not pass on academic, hypothetical, or otherwise abstract questions that have no practical effect on the parties.
Student note: As a matter of jurisdiction, a court's power to declare the law derives from, and is limited to, determining issues relating to persons who are rightly parties in a particular case.
Berger v. Prospect Park Residence, LLC, NY Slip Op 08110 (2d Dep't November 28, 2018)
Here is the decision.
