Swink v. . Horn

The defendant in the above entitled cause moves in this Court that plaintiff’s action be dismissed as having abated by reason of the death, pending the appeal, of the plaintiff’s mother whose critical illness was alleged to have rendered it necessary for plaintiff to obtain possession of the apartment now occupied by the defendant, under Federal Rent Control Regulations. It was contended that plaintiff’s cause of action has become moot and is no longer supported by existing facts.

Undoubtedly, where, pending an appeal, the subject of the action has been destroyed or has ceased to exist, or…