Opinion
March 18, 1993
Appeal from the Civil Court, New York County (Milton Richardson, J.).
All issues pertaining to Yellowstone relief (First Natl. Stores v. Yellowstone Shopping Ctr., 21 N.Y.2d 630) are moot by reason of the order vacating all injunctive relief on the landlord's motion. Judicial review of the grant of injunctive relief would be academic and therefore inappropriate (see, Bissell v. Pyramid Cos., 125 A.D.2d 876, 877, lv dismissed and lv denied 69 N.Y.2d 1015). Were we to consider the arguments concerning Yellowstone relief, we would conclude that they are without merit.
Once the landlord obtained a final judgment for unpaid rent in the nonpayment proceeding, it was conclusively determined that a valid lease existed between the parties (see, Bridge Hardware Co. v. Disosway Fisher, 199 Misc. 259, 261, affd 278 App. Div. 812). Accordingly, dismissal of the holdover proceeding was proper.
We have considered the landlord's remaining arguments and find them to be without merit.
Concur — Rosenberger, J.P., Ellerin, Ross, Asch and Kassal, JJ.