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1700 First Ave., LLC v Halvorsen
2008 NY Slip Op 52512(U) [21 Misc 3d 144(A)]
Decided on December 16, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 16, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Davis, Schoenfeld, JJ
570150/08.

1700 First Avenue, LLC, Petitioner-Landlord-Appellant,

against

Martin Halvorsen, Respondent-Tenant-Respondent, No.08-151 Debbie S. Klein, Carl Henrik Thorsen, John Doe and Jane Doe, Respondents-Undertenants


Landlord appeals from a final judgment of the Civil Court of the City of New York, New York County (Ernest J. Cavallo, J.), entered on or about September 16, 2006, after a nonjury trial, which dismissed the petition in a holdover summary proceeding.


Per Curiam.

Appeal from final judgment (Ernest J. Cavallo, J.), entered on or about September 16, 2006, dismissed, without costs, as moot.

This appeal has been rendered moot by a stipulation of settlement entered into by the parties in a subsequent holdover summary proceeding involving the same apartment premises. The terms of the so-ordered stipulation effectively resolved all issues raised on this appeal, including possession and attorney's fees. 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, 714-15 [1980]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 16, 2008