Opinion
6093N 6093NA Index 651014/17
03-22-2018
REEC WEST 11TH STREET LLC, Plaintiff–Appellant, v. 246 WEST 11TH ST. REALTY CORP., Defendant–Respondent, John Does 1–10, et al., Defendants.
Fischer Porter & Thomas, P.C., New York (Arthur "Scott" L. Porter, Jr. of counsel), for appellant. Belkin Burden Wenig & Goldman, LLP, New York (Robert A. Jacobs of counsel), for respondent.
Fischer Porter & Thomas, P.C., New York (Arthur "Scott" L. Porter, Jr. of counsel), for appellant.
Belkin Burden Wenig & Goldman, LLP, New York (Robert A. Jacobs of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Kahn, Kern, Singh, JJ.
Appeal from order, Supreme Court, New York County (Charles E. Ramos, J.), entered May 1, 2017, which set a time of the essence closing for April 13, 2017 and denied plaintiff's motion for a preliminary injunction (i) voiding and vacating the parties' March 1, 2017 closing, and extending it to June 30, 2017, (ii) enjoining the release of the escrow funds to defendant, (iii) and enjoining defendants from preventing plaintiff's reasonable access to the property, and from an order, same court and Justice, entered June 14, 2017, which granted defendant's motion for an order directing that the escrow funds be released to it, vacating the notice of pendency, and directing plaintiff to make contractual "vacancy payments" to defendant until the notice of pendency is cancelled, unanimously dismissed, without costs, as moot.
Following the perfection of these appeals, Supreme Court granted defendant's motion to dismiss the action (Sup Ct, N.Y. County, November 3, 2017, Ramos, J., index No. 651014/17). Accordingly, in view of the foregoing, the consolidated appeal from these two interlocutory orders is moot (see e.g. Hogue v. Kenilworth Apts., Inc., 139 A.D.3d 529, 30 N.Y.S.3d 548 [1st Dept. 2016] ).