City of New York v. 365 Canal Corp.
Opinion of the Court
Appeals from three orders, Supreme Court, New York County (Louis B. York, J.), entered February 3, 2004, which, in three nuisance abatement actions (Administrative Code of City of NY, tit 7, ch 7) based on the sale of counterfeit merchandise in three booths of a flea market located in defendant landlord’s building, after a hearing, denied plaintiffs requests for temporary closing orders (Administrative Code § 7-709), and simultaneously denied plaintiffs motions for preliminary injunctions (Administrative Code § 7-707), unanimously dismissed as moot, without costs.
We perceive no reason to decide whether the offending booths should be temporarily closed or defendants otherwise preliminarily restrained from conducting or permitting the alleged nuisance, where the offending tenants have vacated the premises, and the landlord has removed all of the booths, gutted the interior of the premises and sufficiently demonstrated that it will not be operating the premises as a flea market (see
Case-law data current through December 31, 2025. Source: CourtListener bulk data.