530 W. 28th St. LP v RN Realty, L.L.C.

530 W. 28th St. LP v RN Realty, L.L.C. 2013 NY Slip Op 08008 Decided on December 3, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 3, 2013
Tom, J.P., Saxe, DeGrasse, Richter, Clark, JJ.
11204 651709/10

[*1]530 West 28th Street LP, Plaintiff-Appellant,

v

RN Realty, L.L.C., et al., Defendants-Respondents.




Vandenberg & Feliu, LLP, New York (John C. Ohman of
counsel), for appellant.
Emily Jane Goodman, New York, for respondents.

Appeal from order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered April 23, 2012, which set use and occupancy at the rent in the lease, and denied, without prejudice, plaintiff's motion to unseal an affidavit and directed that plaintiff address the unsealing motion to the prior Justice in the case who had recused himself, unanimously dismissed,
with costs, as moot.

Given that plaintiff never paid any use and occupancy and is now out of the premises, pursuant to a stipulation between the parties that also addressed the issue of use and occupancy, this appeal, as to use and occupancy is moot (see Matter of Citineighbors Coalition of Historic Carnegie Hill v New York City Landmarks Preserv. Commn., 2 NY3d 727, 728-729 [2004]). So too
is the portion of the appeal that seeks the unsealing of an affidavit in the evidentiary proceedings relating to the setting of use and occupancy.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 3, 2013

CLERK