| Stevenson Towers, LLC v Hickson |
| 2009 NY Slip Op 51779(U) [24 Misc 3d 144(A)] |
| Decided on August 17, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from that portion of an order of the Civil Court of the City of New York,
Bronx County (Steven Weissman, J.), dated August 4, 2008, which granted landlord's motion to
dismiss tenant's first affirmative defense in a holdover summary proceeding.
Per Curiam.
<
endemph type='bf'>Appeal from order (Steven Weissman, J.), dated August 4, 2008,
deemed, pursuant to CPLR 5517(b), to be an appeal from a subsequent order (same court and
Judge), dated October 15, 2008, which, upon reargument, adhered to its original determination,
and, so considered, the appeal is dismissed as moot and the order vacated, without costs.
This appeal has been rendered moot in view of petitioner-landlord's discontinuance of the underlying holdover summary proceeding and commencement of a new proceeding. Inasmuch as no exception to the mootness doctrine is shown (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]), the appeal is dismissed. We vacate the underlying order to "prevent [it] ... from spawning any legal consequences or precedent" (id. at 718).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 17, 2009