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BOARD OF MGRS. OF THE COVE CLUB CONDOMINIUM v. JACOBSON

10273N, 104309/12.

107 A.D.3d 414 (2013)

965 N.Y.S.2d 727

2013 NY Slip Op 3950

BOARD OF MANAGERS OF THE COVE CLUB CONDOMINIUM, Respondent, v. LAWRENCE M. JACOBSON et al., Appellants.

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

Decided June 4, 2013.

The issue in this case, i.e., whether plaintiff can lawfully evict defendants' dog from its premises, is no longer a live controversy, since the dog died during the pendency of this appeal (see Matter of Klasson, 290 A.D.2d 223 [1st Dept 2002]; Matter of Johnson v Pataki, 91 N.Y.2d 214, 222 [1997]).

This case does not qualify as an exception to the mootness doctrine, since defendants...

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