200 East 74 Corp. v. Dallas

Appellate Terms of the Supreme Court of New York

200 East 74 Corp. v. Dallas

167 Misc. 2d 59, 638 N.Y.S.2d 547, 1995 N.Y. Misc. LEXIS 677

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 29, 1995

StatusPublished

This text of 167 Misc. 2d 59 (200 East 74 Corp. v. Dallas) 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

200 East 74 Corp. v. Dallas, 167 Misc. 2d 59, 638 N.Y.S.2d 547, 1995 N.Y. Misc. LEXIS 677 (N.Y. Ct. App. 1995).

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Opinion

OPINION OF THE COURT

Per Curiam.

Appeal from order dated March 1, 1995 dismissed, without costs, as academic.

[60]*60At oral argument of this appeal, we were informed that the parties had settled a subsequent nonpayment summary proceeding involving the rent arrears sought in the petition in the within nonpayment proceeding. Thus, there is now no actual dispute in controversy. Nor is there any basis for this court to exercise its discretion to retain the appeal despite the mootness since there is no showing that the single issue raised is the type likely to evade review (see, Matter of Roadway Express v Commissioner of N. Y. State Dept, of Labor, 66 NY2d 742, 744).

Parness, J. P., Miller and McCooe, JJ., concur.

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OPINION OF THE COURT

Per Curiam.

Appeal from order dated March 1, 1995 dismissed, without costs, as academic.

[60]*60At oral argument of this appeal, we were informed that the parties had settled a subsequent nonpayment summary proceeding involving the rent arrears sought in the petition in the within nonpayment proceeding. Thus, there is now no actual dispute in controversy. Nor is there any basis for this court to exercise its discretion to retain the appeal despite the mootness since there is no showing that the single issue raised is the type likely to evade review (see, Matter of Roadway Express v Commissioner of N. Y. State Dept, of Labor, 66 NY2d 742, 744).

Parness, J. P., Miller and McCooe, JJ., concur.

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Bluebook (online)

167 Misc. 2d 59, 638 N.Y.S.2d 547, 1995 N.Y. Misc. LEXIS 677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/200-east-74-corp-v-dallas-nyappterm-1995.

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