Tzifil Realty Corp. v Temammee

[*1] Tzifil Realty Corp. v Temammee 2015 NY Slip Op 51790(U) Decided on December 2, 2015 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 2, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : ELLIOT, J.P., PESCE and SOLOMON, JJ.
2014-1864 K C

Tzifil Realty Corp., Appellant,

against

David Temammee, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Jean T. Schneider, J.), dated February 19, 2014. The order denied landlord's motion for summary judgment and granted tenant's cross motion to dismiss the petition in a holdover summary proceeding.

ORDERED that the appeal is dismissed as moot.

In November 2013, landlord commenced this holdover proceeding to recover the rent-stabilized apartment occupied by tenant. The lease agreement between the parties had expired on November 30, 2012, and tenant had not been offered a renewal lease. In support of its subsequent motion for summary judgment, landlord argued, among other things, that tenant is an unauthorized illegal occupant. Tenant cross-moved to dismiss the petition on the ground that the petition failed to state a cause of action. By order dated February 19, 2014, the Civil Court granted tenant's cross motion and implicitly denied landlord's motion.

Landlord has informed this court that tenant surrendered possession of the premises in July 2015 pursuant to a final judgment of possession and warrant of eviction awarded in a subsequent proceeding commenced in 2015 (Index No. 054713/15). Accordingly, the appeal is dismissed as moot.

Elliot, J.P., Pesce and Solomon, JJ., concur.

Decision Date: December 02, 2015