Makas v. Russo

3 Citing cases

  1. 343-345 Bedford Ave. Hous. Dev. Fund Corp. v. Bruno

    2020 N.Y. Slip Op. 61276 (N.Y. App. Term 2020)

    On the court's own motion, it is ORDERED that the appeal is dismissed as moot, as appellant has been evicted (see Makas v Russo, 237 AD2d 762 [1997]; 1058 Third Ave. Assoc., L.P. v Zuman, 52 Misc 3d 129[A] 2016 NY Slip Op 50935[U] [App Term, 1st Dept 2016]). ENTER:

  2. 1058 Third Ave. Assocs., L.P. v. Zuman

    2016 N.Y. Slip Op. 50935 (N.Y. App. Term 2016)   Cited 1 times

    Appeal from order (Phyllis K. Saxe, J.), dated April 4, 2014, dismissed, without costs, as moot. Inasmuch as the warrant of eviction was ultimately executed and tenant has long since vacated the premises, tenant's appeal from the order which denied her motion to stay execution of the warrant is moot (see Makas v Russo, 237 AD2d 762 [1997]; East 22nd Equities LLC v Staggers, 34 Misc 3d 139[A], 2011 NY Slip Op 52451[U] [App Term, 2nd, 11th and 13th Jud Dists 2011]). As no exception to the mootness doctrine is present (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714—715 [1980]), the appeal must be dismissed.

  3. Tamara Props. Inc. v. 91 Charles St. Rest., Inc.

    2005 N.Y. Slip Op. 52146 (N.Y. App. Term 2005)

    PER CURIAM: This appeal has been rendered moot since the commercial tenant was evicted from the subject premises during the pendency of this appeal and any determination of this Court will not affect the rights of the parties with respect to this controversy ( see Makas v. Russo, 237 AD2d 762). The circumstances presented do not warrant addressing the issue raised under an exception of the mootness doctrine ( see Matter of Hearst Corp. v. Clyne, 50 NY2d 707, 714-715).