1058 Third Ave. Assoc., L.P. v. Zuman

Appellate Terms of the Supreme Court of New York

1058 Third Ave. Assoc., L.P. v. Zuman

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 17, 2016

Docket2016 NYSlipOp 50935(U)

StatusPublished

This text of 1058 Third Ave. Assoc., L.P. v. Zuman (1058 Third Ave. Assoc., L.P. v. Zuman) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

1058 Third Ave. Assoc., L.P. v. Zuman, (N.Y. Ct. App. 2016).

Pincite

Opinion

1058 Third Avenue Associates, L.P., Petitioner-Landlord-Respondent,

against

Lynn Joan Zuman, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Phyllis K. Saxe, J.), dated April 4, 2014, which denied her motion to stay execution of a warrant of eviction in a nonpayment summary proceeding.

Per Curiam.

Appeal from order (Phyllis K. Saxe, J.), dated April 4, 2014, dismissed, without costs, as moot.

Inasmuch as the warrant of eviction was ultimately executed and tenant has long since vacated the premises, tenant's appeal from the order which denied her motion to stay execution of the warrant is moot (see Makas v Russo, 237 AD2d 762 [1997]; East 22nd Equities LLC v Staggers, 34 Misc 3d 139[A], 2011 NY Slip Op 52451[U] [App Term, 2nd, 11th and 13th Jud Dists 2011]). As no exception to the mootness doctrine is present (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714—715 [1980]), the appeal must be dismissed. In any event, were we not dismissing the appeal, we would affirm Civil Court's discretionary determination.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: June 17, 2016

Free access — add to your briefcase to read the full text and ask questions with AI

1058 Third Avenue Associates, L.P., Petitioner-Landlord-Respondent,

against

Lynn Joan Zuman, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Phyllis K. Saxe, J.), dated April 4, 2014, which denied her motion to stay execution of a warrant of eviction in a nonpayment summary proceeding.

Per Curiam.

Appeal from order (Phyllis K. Saxe, J.), dated April 4, 2014, dismissed, without costs, as moot.

Inasmuch as the warrant of eviction was ultimately executed and tenant has long since vacated the premises, tenant's appeal from the order which denied her motion to stay execution of the warrant is moot (see Makas v Russo, 237 AD2d 762 [1997]; East 22nd Equities LLC v Staggers, 34 Misc 3d 139[A], 2011 NY Slip Op 52451[U] [App Term, 2nd, 11th and 13th Jud Dists 2011]). As no exception to the mootness doctrine is present (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714—715 [1980]), the appeal must be dismissed. In any event, were we not dismissing the appeal, we would affirm Civil Court's discretionary determination.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: June 17, 2016

Cite This Page — Counsel Stack

Bluebook (online)

1058 Third Ave. Assoc., L.P. v. Zuman, Counsel Stack Legal Research, https://law.counselstack.com/opinion/1058-third-ave-assoc-lp-v-zuman-nyappterm-2016.

Opinion

Related

Cite This Page — Counsel Stack