Landlord's Appeal Is Moot

January 1, 2000

LVT Number: 13784

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord, and landlord appealed. The appeals court dismissed the case. Landlord's claim for use and occupancy while the case was pending was now moot because the case had been settled. Landlord had also appealed part of the lower court's order denying landlord's request to dismiss tenant's HP case. Since the HP case was later dismissed after a trial, there was no need for landlord's appeal.

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord, and landlord appealed. The appeals court dismissed the case. Landlord's claim for use and occupancy while the case was pending was now moot because the case had been settled. Landlord had also appealed part of the lower court's order denying landlord's request to dismiss tenant's HP case. Since the HP case was later dismissed after a trial, there was no need for landlord's appeal.

Parkchester Apts. Co. v. Olmeda: NYLJ, p. 22, col. 1 (12/28/99) (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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