BERDAR EQUITIES LLC v. ANG ZHANG

Full title: BERDAR EQUITIES LLC, Petitioner-Landlord-Appellant, v. ANG ZHANG…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Feb 26, 2008

2008 N.Y. Slip Op. 50355 (N.Y. App. Term 2008)

Opinion

570503/07.

Decided February 26, 2008.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated July 9, 2007, which denied its motion to dispense with the requirement of filing a non-military affidavit and for the entry of a default judgment in a nonpayment summary proceeding.

Appeal from order (Jean T. Schneider, J.), dated July 9, 2007, dismissed as moot, without costs.

PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ.

PER CURIUM.

Inasmuch as landlord ultimately obtained a default judgment upon the submission of new moving papers, the issue presented on this appeal from the denial of its initial application for the entry of a default judgment is rendered moot. The circumstances presented do not warrant addressing the issue under an exception to the mootness doctrine ( see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-5).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.