Power v Newell

[*1] Power v Newell 2014 NY Slip Op 50260(U) Decided on February 27, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
14-048.

Kirsten Power, Petitioner-Appellant, - -

against

David Newell, Respondent-Respondent.

Petitioner appeals from an order of the Civil Court of the City of New York, New York County, (Jack Stoller, J.), dated July 12, 2013, which, after a hearing, dismissed the petition in an illegal lockout proceeding (see RPAPL 713[10]), without prejudice to any claim petitioner may seek to pursue against respondent for money damages.

Per Curiam.

Appeal from order (Jack Stoller, J.), dated July 12, 2013, dismissed, without costs, as academic.

As petitioner now concedes, the possessory issues raised in this illegal lockout proceeding (see RPAPL 713[10]) have been rendered moot, in view of the July 2013 expiration of the record tenants' lease agreement and their surrender of possession to the overlandlord. As no exception to the mootness doctrine is present (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1987]), the appeal must be dismissed. Petitioner may, if so advised, commence an action in a proper forum seeking damages based upon an alleged wrongful eviction. In dismissing the within appeal, we express no view on the merits of any such damage claim.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 27, 2014