Board of Managers of the Cove Club Condominium v. Jacobson

Appellate Division of the Supreme Court of New York

Board of Managers of the Cove Club Condominium v. Jacobson

107 A.D.3d 414, 965 N.Y.S.2d 727

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 4, 2013

StatusPublished

This text of 107 A.D.3d 414 (Board of Managers of the Cove Club Condominium v. Jacobson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Board of Managers of the Cove Club Condominium v. Jacobson, 107 A.D.3d 414, 965 N.Y.S.2d 727 (N.Y. Ct. App. 2013).

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Opinion

— Appeal from order, Supreme Court, New York County (Louis B. York, J.), entered January 29, 2013, which, to the extent appealed from, denied defendants’ motion for summary judgment dismissing the complaint or, alternatively, for a stay of the proceedings pending an investigation by the New York State Division of Human Rights, unanimously dismissed, without costs, as moot.

The issue in this case, i.e., whether plaintiff can lawfully evict defendants’ dog from its premises, is no longer a live controversy, since the dog died during the pendency of this appeal (see Matter of Klasson, 290 AD2d 223 [1st Dept 2002]; Matter of Johnson v Pataki, 91 NY2d 214, 222 [1997]).

This case does not qualify as an exception to the mootness doctrine, since defendants’ challenge to plaintiff’s small pet rule, while capable of repetition, would not typically evade review (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Concur — Acosta, J.P., Saxe, Moskowitz, Freedman and Manzanet-Daniels, JJ.

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— Appeal from order, Supreme Court, New York County (Louis B. York, J.), entered January 29, 2013, which, to the extent appealed from, denied defendants’ motion for summary judgment dismissing the complaint or, alternatively, for a stay of the proceedings pending an investigation by the New York State Division of Human Rights, unanimously dismissed, without costs, as moot.

The issue in this case, i.e., whether plaintiff can lawfully evict defendants’ dog from its premises, is no longer a live controversy, since the dog died during the pendency of this appeal (see Matter of Klasson, 290 AD2d 223 [1st Dept 2002]; Matter of Johnson v Pataki, 91 NY2d 214, 222 [1997]).

This case does not qualify as an exception to the mootness doctrine, since defendants’ challenge to plaintiff’s small pet rule, while capable of repetition, would not typically evade review (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Concur — Acosta, J.P., Saxe, Moskowitz, Freedman and Manzanet-Daniels, JJ.

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107 A.D.3d 414, 965 N.Y.S.2d 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-managers-of-the-cove-club-condominium-v-jacobson-nyappdiv-2013.

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