Opinion
No. 2014–1864 K C.
12-02-2015
TZIFIL REALTY CORP., Appellant, v. David TEMAMMEE, Respondent.
Opinion
ORDERED that the appeal is dismissed as moot.
In November 2013, landlord commenced this holdover proceeding to recover the rent-stabilized apartment occupied by tenant. The lease agreement between the parties had expired on November 30, 2012, and tenant had not been offered a renewal lease. In support of its subsequent motion for summary judgment, landlord argued, among other things, that tenant is an unauthorized illegal occupant. Tenant cross-moved to dismiss the petition on the ground that the petition failed to state a cause of action. By order dated February 19, 2014, the Civil Court granted tenant's cross motion and implicitly denied landlord's motion.
Landlord has informed this court that tenant surrendered possession of the premises in July 2015 pursuant to a final judgment of possession and warrant of eviction awarded in a subsequent proceeding commenced in 2015 (Index No. 054713/15). Accordingly, the appeal is dismissed as moot.
ELLIOT, J.P., PESCE and SOLOMON, JJ., concur.