[*1]
Berdar Equities LLC v Ang Zhang
2008 NY Slip Op 50355(U) [18 Misc 3d 139(A)]
Decided on February 26, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 26, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ

570503/07.

Berdar Equities LLC, Petitioner-Landlord-Appellant,

against

Ang Zhang, Respondent-Tenant-Respondent.


Landlord appeals from an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated July 9, 2007, which denied its motion to dispense with the requirement of filing a non-military affidavit and for the entry of a default judgment in a nonpayment summary proceeding.


Per Curiam.

Appeal from order (Jean T. Schneider, J.), dated July 9, 2007, dismissed as moot, without costs.

Inasmuch as landlord ultimately obtained a default judgment upon the submission of new moving papers, the issue presented on this appeal from the denial of its initial application for the entry of a default judgment is rendered moot. The circumstances presented do not warrant addressing the issue under an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-5 [1980]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 26, 2008