VICTOR OTTILIO v. SHORT LOAD CONCRETE LLC

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5073-10T3

VICTOR OTTILIO,

Plaintiff-Appellant,

v.

SHORT LOAD CONCRETE, LLC,

Defendant-Respondent.

_________________________________

January 12, 2012

Submitted December 14, 2011 - Decided

Before Judges Fuentes, Graves and Koblitz.

On appeal from Superior Court of New Jersey,

Law Division, Special Civil Part, Passaic

County, Docket No. LT-2709-11.

Bernard Wishnia, attorney for appellant.

Schiller & Pittenger, P.C., attorneys for

respondent (Paul C. Pawlowski, on the brief).

PER CURIAM

Plaintiff Victor Ottilio, the owner of a commercial property located in Paterson, filed a summary dispossess action against one of his tenants, defendant Short Load Concrete, LLC, seeking possession of the space occupied by defendant as a holdover month-to-month tenant. The parties originally entered into a commercial lease for a one-year term commencing on January 1, 2009. When the term expired, the tenant remained in possession as a holdover month-to-month tenant. In January 2011, plaintiff served defendant with a written notice to terminate the tenancy.

Citing Carteret Properties v. Variety Donuts, Inc., 49 N.J. 116 (1967), the Law Division Special Civil Part dismissed the complaint finding plaintiff waived his right to proceed against defendant by accepting two rental payments from defendant after the date fixed by plaintiff for termination of the tenancy. Plaintiff appealed from the court's decision on June 20, 2011. Defendant voluntarily vacated the premises on June 30, 2011.

In this light, the relief sought by plaintiff from the court has been achieved and the matter is now moot. The appeal is therefore dismissed. See Betancourt v. Trinitas Hosp., 415 N.J. Super. 301, 311 (2010).

Dismissed as moot.