REDEEMED CHRISTIAN CHURCH OF GOD TABERNACLE OF RESTORATION v. GREEN


62 A.D.3d 601 (2009)

878 N.Y.S.2d 891

REDEEMED CHRISTIAN CHURCH OF GOD TABERNACLE OF RESTORATION, Appellant, v. FRANCISCAN GREEN et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 26, 2009.


It is undisputed that on February 28, 2008, the Civil Court entered a default judgment against plaintiff in the related holdover proceeding. As such, that proceeding has concluded, thereby rendering moot the portion of this appeal addressing it. The appeal is also moot to the extent it addresses the motion court's sua sponte grant of use and occupancy to defendants. Since defendants never settled an order on that decision, as directed by the motion court, it was abandoned...

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