HOGUE v. KENILWORTH APTS., INC.

1175N, 152217/15.

139 A.D.3d 529 (2016)

30 N.Y.S.3d 548

2016 NY Slip Op 03956

TIMOTHY HOGUE et al., Appellants, v. KENILWORTH APARTMENTS, INC., Respondent, et al., Defendants.

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

Decided May 19, 2016.


The individual defendants moved to dismiss this appeal as against them as moot based on the motion court's October 23, 2015 order dismissing the action as against them, and this Court granted that motion (Hogue v Kenilworth Apts., Inc., 2016 NY Slip Op 60099[U] [2016]). However, the cooperative defendant failed to join in the motion and the appeal as to it continued (id.). Although the parties do not raise the issue, we now dismiss the appeal as against the...

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