Opinion
2002-04038
Argued September 22, 2003.
October 20, 2003.
In an action, inter alia, to recover for damage to property, the plaintiff appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated April 1, 2002, which, inter alia, denied his motion for a preliminary injunction.
Okolie Cyril, Corona, N.Y., appellant pro se.
James E. Kasdon, New York, N.Y., for respondents.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed as academic, with costs.
The plaintiff's appeal has been rendered academic as a result of the affirmance by the Appellate Term, Second and Eleventh Judicial Districts, of the judgment of the Civil Court of the City of New York, Kings County, awarding possession of the premises in question to the owner ( see Neighborhood Partnership Housing Development Fund Corp. v. Okolie, 2003 N.Y. Slip Op 50707[U]). In any event, the plaintiff failed to show that he was entitled to a preliminary injunction ( see Aetna Life Ins. Co. v. Capasso, 75 N.Y.2d 860, 862; Somers Stained Glass Corp. v. Somers Design, 277 A.D.2d 442, 443).
RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.