2559 Sedgwick Realty LLC v Erkins

[*1] 2559 Sedgwick Realty LLC v Erkins 2013 NY Slip Op 52124(U) Decided on December 13, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 13, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Hunter, Jr., Torres, JJ
570790/12.

2559 Sedgwick Realty LLC, Petitioner-Landlord-Appellant,

against

Theresa Erkins, Respondent-Tenant-Respondent.

Landlord appeals from an order of the Civil Court of the City of New York, Bronx County, (Raul Cruz, J.), entered March 20, 2012, which granted tenant's motion to vacate a default final judgment in a nonpayment summary proceeding.

Per Curiam.

Appeal from order (Raul Cruz, J.), entered March 20, 2012, dismissed, without costs, as academic.

Landlord's appeal from the order vacating the October 2005 default final judgment issued against tenant is presently academic, in view of the subsequent order dismissing this "summary" eviction proceeding without prejudice based on landlord's own nonappearance on the scheduled trial date. Since there is now no proceeding pending, "a favorable ruling would not entitle [landlord] to any particular relief" at this juncture (Britt v Buffalo Mun. Hous. Auth., 109 AD3d 1195, 1197 [2013], quoting Matter of Ameillia RR. [Megan SS.], 95 AD3d 1525, 1526 [2012]). We thus dismiss the appeal without prejudice to landlord's right, if so advised, to pursue the appeal if and when it obtains vacatur relief from the dismissal order entered upon its trial default.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 13, 2013