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200 E. 74 CORP. v. DALLAS

167 Misc.2d 59 (1995)

638 N.Y.S.2d 547

200 East 74 Corporation, Appellant, v. Hunt Dallas et al., Respondents.

Supreme Court, Appellate Term, First Department.

December 29, 1995

Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., New York City (Jeffrey R. Metz of counsel), for appellant. MFY Legal Services, Inc., New York City (Wayne G. Hawley and Cynthia M. LaCaprucia of counsel), for respondents.

PARNESS, J. P., MILLER and McCOOE, JJ., concur.

Per Curiam.

Appeal from order dated March 1, 1995 dismissed, without costs, as academic.

At oral argument of this appeal, we were informed that the parties had settled a subsequent nonpayment summary proceeding involving the rent arrears sought in the petition in the within nonpayment proceeding. Thus, there is now no actual dispute in controversy. Nor is there any basis for this court to exercise its discretion...

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