Opinion
December 18, 1995
Appeal from the Supreme Court, Kings County (Garry, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The plaintiff commenced this action in his capacity as a receiver for a building that was in foreclosure. The Supreme Court granted his motion for a preliminary injunction and related relief against the appellants and nonappealing defendants, tenants in the building. The property was sold in December 1994, and the plaintiff has not operated the building since that time. Under the circumstances here, there is no benefit which the appellants would gain in this action if they were to succeed on appeal. Therefore, we dismiss the appeal as academic. Rosenblatt, J.P., Copertino, Friedmann and Krausman, JJ., concur.