GECMC 2007-C1 Burnett St., LLC v Hoti Enters., L.P.
2014 NY Slip Op 01432 [115 AD3d 643]
March 5, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 30, 2014


GECMC 2007-C1 Burnett Street, LLC, Appellant,
v
Hoti Enterprises, L.P., Respondent, et al., Defendants.

—[*1] DLA Piper LLP (US), New York, N.Y. (Joshua A. Sohn, George B. South III, and Jermaine L. McPherson of counsel), for appellant.

Arnold E. DiJoseph, P.C., New York, N.Y. (Arnold E. DiJoseph III, of counsel), for respondent.

In an action to foreclose a consolidated mortgage, the plaintiff appeals from an amended order of the Supreme Court, Kings County (Lewis, J.), dated January 10, 2013, which, among other things, in effect, granted the motion of the defendant Hoti Enterprises, L.P., for a preliminary injunction.

Ordered that the amended order is reversed, on the law, with costs, and the motion of the defendant Hoti Enterprises, L.P., for a preliminary injunction is denied as academic.

In light of our determination on a related appeal (see GECMC 2007-C1 Burnett St., LLC v Hoti Enterprises, L.P., 115 AD3d 642 [2014] [decided herewith]), awarding the plaintiff summary judgment on the complaint, the motion of the defendant Hoti Enterprises, L.P., for a preliminary injunction must be denied as academic (see Village/Town of Mount Kisco v Rene Dubos Ctr. for Human Envts., Inc., 12 AD3d 501, 502 [2004]). Balkin, J.P., Chambers, Austin and Roman, JJ., concur.