Legal Opinion
E-Z Eating 41 Corp. v. H.E. Newport L.L.C.
Appellate Division of the Supreme Court of the State of New York
Decided May 3, 2011PublishedCited by 13 opinions
1Opinion of the Court
Appeals from orders, Supreme Court, New York County (Carol R. Edmead, J.), entered March 27, 2009, which, inter alia, denied plaintiff tenant’s and intervenor subtenant’s motions for Yellowstone injunctions and dismissed their complaints for declaration of their rights under a lease and sublease, dismissed as moot, without costs, and the orders vacated.
Given that the time to cure the alleged lease default has expired, and that the E-Z Eating 41 Corp. has surrendered possession of the premises, the orders appealed are presently moot (see Matter of Johnson v Pataki, 91 NY2d 214, 222 [1997]; cf.…
2Cases cited4 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Funderburke v. New York State Department of Civil ServiceAppellate Division of the Supreme Court of the State of New York · 2008
- Automated Ticket Systems, Ltd. v. QuinnAppellate Division of the Supreme Court of the State of New York · 1982
- MATTER OF JOHNSON v. PatakiNew York Court of Appeals · 1997
3Cited by13 opinions
- Mannino v. Wells Fargo Home Mortgage, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Nautilus Capital, LLC v. Rama Realty Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Barry V. v. O'KeefeAppellate Division of the Supreme Court of the State of New York · 2021
- Markowits v. FriedmanAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Majuc v. New York County Dist. Attorney's Off.Appellate Division of the Supreme Court of the State of New York · 2023
8 more not listed; retrieve them via the Exa API.