| Clover Barrett v Ana Rodriguez |
| Motion No: 2007-00122 KC 08-06-2007 |
| Slip Opinion No: 2007 NYSlipOp 80952(U) |
| Decided on October 10, 2007 |
| 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: 2nd and 11th JUDICIAL DISTRICTS
| CLOVER BARRETT, Appellant, -against- ANA RODRIGUEZ, Respondent, -and- "JOHN DOE" and/or "JANE DOE", Undertenant. |
DECISION
On the court's own motion, motion by tenant-respondent to dismiss the appeal as moot and for an award of attorney's fees and motion by landlord-appellant for an enlargement of time to submit opposing papers are consolidated for purposes of disposition.
Motion by landlord-appellant for an enlargement of time to submit opposition papers granted and said papers are deemed served and filed.
That branch of tenant-respondent's motion seeking to dismiss the appeal is granted.
That branch of tenant-respondent's motion seeking an award of attorney's fees is denied without prejudice to renewal in the court below.
The parties' execution of a renewal lease, which lease did not expressly preserve landlord's rights with respect to this litigation, mooted landlord's appeal from the order of the court below, which dismissed the holdover petition (see Carroll St. Props. v Puente, NYLJ, July 13, 2005 [App Term, 2d & 11th Jud Dists]).