955 Seneca, LLC v. Kings Juice Bar, Inc.

955 Seneca, LLC v Kings Juice Bar, Inc. (2025 NY Slip Op 51987(U)) [*1]

955 Seneca, LLC v Kings Juice Bar, Inc.

2025 NY Slip Op 51987(U)

Decided on December 12, 2025

Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 12, 2025

PRESENT: : LISA S. OTTLEY, J.P., WAVNY TOUSSAINT, MARINA CORA MUNDY, JJ
2024-984 Q C

Law Office of Jay Berg (Paul E. Kerson and Jay Berg of counsel), for appellant. Jeffrey W. Toback, P.C. (Jeffrey W. Toback of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (John C.V. Katsanos, J.), dated August 26, 2024. The order denied tenant's motion for a stay of enforcement of a final judgment of the same court entered April 25, 2024 pending the determination of the appeal from that judgment.

ORDERED that the appeal is dismissed.

This is an appeal from an order of the Civil Court (John C.V. Katsanos, J.) dated August 26, 2024 denying a motion for a stay of enforcement of a final judgment entered in the same proceeding on April 25, 2024 pending the determination of an appeal from that judgment. That appeal has now been decided (see 955 Seneca, LLC v Kings Juice Bar, Inc., ____ Misc 3d ____, 2025 NY Slip Op ____ [appeal No. 2024-385 Q C], decided herewith), rendering this appeal moot.

Accordingly, the appeal is dismissed.

OTTLEY, J.P., TOUSSAINT and MUNDY, JJ., concur.

ENTER:

Jennifer Chan

Acting Chief Clerk

Decision Date: December 12, 2025