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BRANIC INTL. REALTY CORP. v. PITT

No. 200

24 N.Y.3d 1005 (2014)

21 N.E.3d 563

997 N.Y.S.2d 111

2014 NY Slip Op 07927

BRANIC INTERNATIONAL REALTY CORP., Appellant, v. PHILLIP PITT, Respondent, et al., Respondents.

Court of Appeals of New York.

Decided November 18, 2014.

Attorney(s) appearing for the Case

Rosenberg Calica & Birney LLP, Garden City ( Ronald J. Rosenberg and Lesley A. Reardon of counsel), for appellant.

Goddaard Riverside SRO Law Project, New York City ( Martha A. Weithman of counsel), and Manhattan Legal Services, New York City ( Jim Provost of counsel), for respondent.

MFY Legal Services, Inc., New York City ( Tanya Kessler , Brian Sullivan , Kevin Cremin and Jeanette Zelhof of counsel), and Covington & Burling LLP, New York City ( C. William Phillips and Evie Spanos of counsel), for The Bronx Defenders and others, amici curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, the matter remitted to the Appellate Division with directions to dismiss the proceeding solely on the ground of mootness, and the certified question not answered as unnecessary.

The issues presented in this case are moot because respondent voluntarily vacated the premises. The mootness exception...

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