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353 Lexington Ave., LLC v Vaco E. Presso, Inc.
2006 NY Slip Op 51811(U) [13 Misc 3d 130(A)]
Decided on September 26, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on September 26, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., GANGEL-JACOB, SCHOENFELD, JJ
570070/06.

353 Lexington Avenue, LLC., Petitioner-Landlord-Appellant,

against

Vaco E. Presso, Inc., Respondent-Tenant-Respondent.


Landlord appeals from an order of the Civil Court, New York County (Joan M. Kenney, J.), entered January 4, 2006, which denied its motion for partial summary judgment and granted tenant's cross motion for summary judgment dismissing the petition in a commercial holdover proceeding.


PER CURIAM:

Appeal from order (Joan M. Kenney, J.), entered January 4, 2006, dismissed, without costs, as moot.

The possessory issues raised on this appeal have been rendered moot since the commercial tenant, pursuant to an agreement between the parties, vacated the premises during the pendency of this appeal. The circumstances presented do not warrant addressing the issues under an exception to the mootness doctrine (see Matter of Hearst
Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

This constitutes the decision and order of the Court.
I concurI concurI concur
Decision Date: September 26, 2006