BRANIC INTL. REALTY CORP. v. PITT, 24 N.Y.3d 1005 (2014)
Court: Court of Appeals of New York
Number: innyco20141118220
Visitors: 22
Filed: Nov. 18, 2014
Latest Update: Nov. 18, 2014
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be reversed, without costs, the matter remitted to the Appellate Division with directions to dismiss the proceeding solely on the ground of mootness, and the certified question not answered as unnecessary. The issues presented in this case are moot because respondent voluntarily vacated the premises. The mootness exception is not applicable under the facts of this case ( see e.g. Matter of Hearst Corp. v Clyne, 50
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be reversed, without costs, the matter remitted to the Appellate Division with directions to dismiss the proceeding solely on the ground of mootness, and the certified question not answered as unnecessary. The issues presented in this case are moot because respondent voluntarily vacated the premises. The mootness exception is not applicable under the facts of this case ( see e.g. Matter of Hearst Corp. v Clyne, 50 N..
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OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be reversed, without costs, the matter remitted to the Appellate Division with directions to dismiss the proceeding solely on the ground of mootness, and the certified question not answered as unnecessary.
The issues presented in this case are moot because respondent voluntarily vacated the premises. The mootness exception is not applicable under the facts of this case (see e.g. Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715 [1980]) and therefore the proceeding should be dismissed (see Matter of Park E. Corp. v Whalen, 43 N.Y.2d 735, 736 [1977]).
Order reversed, without costs, matter remitted to the Appellate Division, First Department, with directions to dismiss the petition solely on the ground of mootness and certified question not answered as unnecessary, in a memorandum.
Source: Leagle
