167 LLC v Calinescu

[*1] 167 LLC v Calinescu 2013 NY Slip Op 51646(U) Decided on October 7, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 7, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
570683/11.

167 LLC, Petitioner-Landlord-Respondent,

against

Nicholae Calinescu, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, Bronx County (Marion C. Doherty, J.), dated July 26, 2012, which granted landlord's motion for summary judgment on its possessory cause of action in a holdover summary proceeding.

Per Curiam.

Appeal from order (Marion C. Doherty, J.), dated July 26, 2012, dismissed, without costs, as moot.

The possessory issues raised on this appeal have been rendered moot since the tenant voluntarily vacated the apartment premises during the pendency of the appeal. 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]). Were we to consider the merits, we would affirm.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT
Decision Date: October 07, 2013