405 44TH STREET REALTY CO. v. 168 FORTUNE REALTY, INC.


14 A.D.3d 481 (2005)

788 N.Y.S.2d 404

405 44TH STREET REALTY CO., Respondent, v. 168 FORTUNE REALTY, INC., et al., Defendants. NAFTOLI WEBER, Nonparty Appellant; SUNSET GARDENS HOUSING CORPORATION, Intervenor-Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 10, 2005.


Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the argument of the appeal, it is,

Ordered that the motion is granted; and it is further,

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The subject property was sold to the intervenor, a good-faith purchaser for value, during the pendency of the appeal. Since any determination by this Court will not affect the rights...

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