| Parkchester Preserv. Co. L.P. v Adams |
| 2016 NY Slip Op 50066(U) [50 Misc 3d 136(A)] |
| Decided on January 20, 2016 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through January 22, 2016; it will not be published in the printed Official Reports. |
Tenant appeals from a final judgment of the Civil Court of the City of New York, Bronx County (John H. Stanley, J.), entered on or about November 28, 2014, after a nonjury trial, which awarded landlord possession and a recovery of use and occupancy in the sum of $5,045.55, and dismissed tenant's counterclaim in a holdover summary proceeding.
Per Curiam.
Appeal from final judgment (John H. Stanley, J.), entered on or about November 28, 2014, dismissed, without costs, as moot.
The issues raised on this appeal have been rendered moot, since the tenant voluntarily vacated the apartment premises during the pendency of the appeal (see Branic Intl. Realty Corp. v Pitt, 24 NY3d 1005 [2014]). 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]).
In any event, were we not dismissing the appeal, we would affirm, since a fair interpretation of the evidence supports a finding that landlord had a non-retaliatory motive for commencing this holdover proceeding, which was based upon the expiration of the lease governing this nonregulated tenancy in a condominium apartment (see RPL § 223—b; Ghadamian v Channing, 295 AD2d 127 [2002]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.