green
Positive treatment
8.2 score
Top citers, strongest first. 4 distinct citers.
How cited ↗
discussed
Cited "see"
Kazantzis v. Cascade Funding RM1 Acquisitions Grantor Trust
Appeal from order, Supreme Court, New York County (Barbara Jaffe, J.), entered on or about December 6, 2021, which denied plaintiff's motion for a preliminary injunction, unanimously dismissed, without costs, as moot. "[M]ootness is a doctrine related to subject matter jurisdiction and thus must be considered by the court sua sponte" ( Matter of Grand Jury Subpoenas for Locals 17, 135, 257 & 608 of United Bhd. of Carpenters & Joiners of Am., AFL-CIO , 72 NY2d 307, 311 [1988], cert denied 488 US 966 [1988]; see Matter of Weeks Woodlands Assn., Inc. v Dormitory Auth. of the State of N.Y. , 95 AD…
discussed
Cited "see"
Matter of Kopald v. New York Pub. Serv. Commn.
Where the change in circumstances involves the completion or substantial completion of a construction project, "courts have found several factors significant in evaluating claims of mootness," but "[c]hief among them has been a challenger's failure to seek preliminary injunctive relief or otherwise preserve the status quo to prevent construction from commencing or continuing during the pendency of the litigation" ( Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach , 98 NY2d 165, 172-173 [2002]; see Matter of Weeks Woodlands Assn., Inc. v Dormitory Auth. of the State of N.Y. , …
discussed
Cited "see, e.g."
Patterson v. State of New York
Patrick's v City of Watervliet City Council , 126 AD3d 1159, 1160 [3d Dept 2015]; Matter of Fallati v Town of Colonie , 222 AD2d 811, 813 [3d Dept 1995]; see also Matter of Weeks Woodlands Assn., Inc. v Dormitory Auth. of the State of N.Y. , 95 AD3d 747, 749-750 [1st Dept 2012], affd 20 NY3d 919 [2012]).
discussed
Cited "see, e.g."
Matter of Micklas v. Town of Halfmoon Planning Bd.
Fairways was accordingly "on notice that completion was undertaken at its own risk," and we cannot say that this appeal, which petitioners perfected in a timely fashion, is moot ( Matter of Hart Family, LLC v Town of Lake George , 110 AD3d 1278 , 1278 n 1 [2013]; see Town of N. Elba v Grimditch , 131 AD3d at 157 ; Matter of Defreestville Area Neighborhood Assn., Inc. v Planning Bd. of Town of N. Greenbush , 16 AD3d 715, 717-718 [2005]; compare Matter of Weeks Woodlands Assn., Inc. v Dormitory Auth. of the State of N.Y. , 95 AD3d 747, 747-748 [2012], affd 20 NY3d 919 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of Weeks Woodlands Association, Inc.
v.
Dormitory Authority of the State of New York
v.
Dormitory Authority of the State of New York
New York Court of Appeals.
Nov 29, 2012.
APPEARANCES OF COUNSEL, Albert K. Butzel Law Offices, New York City (Albert K. Butzel and Michael S. Gruen of counsel), for appellants., Wachtel Masyr & Missry LLP, New York City (Karen Binder of counsel), for Dormitory Authority of the State of New York and another, respondents., Michael A. Cardozo, Corporation Counsel, New York City (Edward F.X. Hart of counsel), for New York City Department of Buildings, respondent.
Cited by 10 opinions | Published
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. Under the particular circumstances of this case, we agree with the Appellate Division majority that the challenged project is substantially complete and that the proper course of action was to dismiss the appeals taken to that Court as moot.
[*921] Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott.