Although the traverse hearing has been held and the complaint dismissed, without prejudice, upon a finding that plaintiff failed to establish compliance with RPAPL 1303, this appeal is not moot, because the "change in circumstances [does not] prevent[ ] [this] [C]ourt from rendering a decision that would effectively determine an actual controversy" (see Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach,
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938 ST. NICHOLAS AVENUE LENDER, LLC v. 936-938 CLIFFCREST HOUSING DEVELOPMENT FUND CORPORATION
8825, 850011/13.
170 A.D.3d 623 (2019)
98 N.Y.S.3d 53
2019 NY Slip Op 02424
938 St. Nicholas Avenue Lender, LLC, Appellant, v. 936-938 Cliffcrest Housing Development Fund Corporation, Respondent, et al., Defendants. (And a Third-Party Action.).
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided March 28, 2019.
Decided March 28, 2019.
Appellate Division of the Supreme Court of New York, First Department.
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