72-74 4th St Holdings, LLC v. Adisha Brooks and Michael Gibson
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Opinion
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3059-22
72-74 4TH ST HOLDINGS, LLC,
Plaintiff-Appellant,
v.
ADISHA BROOKS and MICHAEL GIBSON,
Defendants-Respondents.
Submitted April 16, 2024 – Decided May 16, 2024
Before Judges Rose and Smith.
On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. LT-002288-23.
Ofeck & Heinze, LLP, attorneys for appellant (Patrick J. Jordan V, on the brief).
Respondents have not filed a brief.
PER CURIAM In this landlord-tenant action, plaintiff 72-74 4th St Holdings, LLC
appeals from an April 25, 2023 order dismissing its eviction complaint against
defendants Adisha Brooks and Michael Gibson. Having been advised by
plaintiff's counsel, after the appeal was filed, defendants "are no longer in
possession of the subject premises," we dismiss the appeal as moot. See
Sudersan v. Royal, 386 N.J. Super. 246, 251 (App. Div. 2005) (holding "where
a tenant no longer resides in the property, an appeal challenging the propriety of
an eviction is moot" unless "the eviction carries residual legal consequences
potentially adverse to [the] defendant"); see also Ctr. Ave. Realty, Inc. v. Smith,
264 N.J. Super. 344, 347 (App. Div. 1993) (recognizing where the defendant
"vacated the premises . . . his right to remain in the premises as a successor
tenant under the terms of the original lease and subject to removal only under
the Anti-Eviction Law, N.J.S.A. 2A:18-61.1, presents a moot question that we
need not decide"); Daoud v. Mohammad, 402 N.J. Super. 57, 61 (App. Div.
2008).
Based on our review of the record, we discern no residual legal
consequences resulting from issuance of the April 25, 2023 order. We therefore
dismiss the appeal as moot.
A-3059-22 2
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