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Redeemed Christian Church of God Tabernacle of Restoration v. Green

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 26, 2009

REDEEMED CHRISTIAN CHURCH OF GOD TABERNACLE OF RESTORATION, PLAINTIFF-APPELLANT,
v.
FRANCISCAN GREEN, ET AL., DEFENDANTS-RESPONDENTS.

Appeal from order, Supreme Court, New York County (Norma Ruiz, J.), entered February 5, 2008, which, to the extent appealed from, in this action for specific performance of a contract for the sale of real property, denied plaintiff's motion pursuant to CPLR 3211(a)(4) to dismiss a related holdover proceeding in Civil Court or, in the alternative, to stay the holdover proceeding or to consolidate it with this action, and awarded defendants, sua sponte, use and occupancy, unanimously dismissed, without costs, as academic.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Catterson, J.P., McGuire, Moskowitz, DeGrasse, Freedman, JJ.

20616/06

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 and never took effect (see Uniform Rules for Trial Cts [22 NYCRR] § 202.48(b)]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090526

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