Matera v Stram

[*1] Matera v Stram 2010 NY Slip Op 50181(U) [26 Misc 3d 137(A)] Decided on February 4, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 4, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, J.
570293/08

Peter Matera, Alessio F. Matera and Vincent Matera, Plaintiffs-Respondents,

against

Julia Stram, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Ernest J. Cavallo, J.), entered April 23, 2008, which granted plaintiffs' motion to strike the answer for failure to comply with a prior order directing defendant to pay interim use and occupancy.

Per Curiam.

Appeal from order (Ernest J. Cavallo, J.), entered April 23, 2008, dismissed, without costs.

In light of our decision in defendant's companion appeal (see Matera v Stram,___ Misc 3d ___, 2010 NY Slip Op 20008) vacating the interim use and occupancy directives of the prior order, plaintiff's motion seeking sanctions for defendant's alleged noncompliance with those directives has been rendered moot.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 04, 2010