| Union Realty Corp. v T & A's Inc. |
| Motion No: 2005-00003 roc 01-31-2006 |
| Slip Opinion No: 2006 NYSlipOp 67720(U) |
| Decided on April 13, 2006 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| UNION REALTY CORP., Respondent, -against- T & A's INC., Appellant. |
DECISION
Motion by landlord-respondent to dismiss appeal granted.
The issue sought to be raised on this appeal - - whether the warrant issued in this holdover proceeding was vitiated - - is moot in light of the fact that a warrant was issued in a subsequent holdover proceeding and tenant vacated pursuant thereto. Unless and until the subsequent warrant is vacated and tenant restored to possession, a reversal of the order appealed from and vacatur of the instant warrant can be of no consequence. We note that the Justice Court's findings in this proceeding were not held to be res judicata in the subsequent proceeding.