New York Court of Appeals, 2014

Branic International Realty Corp. v. Pitt

New York Court of Appeals · Decided November 18, 2014 · Abdus, Graffeo, Lippman, Pigott, Read, Rivera, Salaam, Smith

24 N.Y.3d 1005; 21 N.E.3d 563

Cases that cite this one

23 later published cases cite this decision.

Bronx Park E. Hous. Co. Inc. v. Berisha (Appellate Terms of the Supreme Court of New York 2025)
A&D Family Homes, LLC v. Herz (Appellate Division of the Supreme Court of New York 2024)
People v. Bell (Appellate Division of the Supreme Court of New York 2023)
People v. Rollins (Appellate Division of the Supreme Court of New York 2022)
Tavares v. Tavares (Appellate Terms of the Supreme Court of New York 2021)
People v. Castro (Appellate Division of the Supreme Court of New York 2018)
People v. Smith (Glenn) (Appellate Terms of the Supreme Court of New York 2018)
25 W. 24th St. Realty Corp v. Zayas (Appellate Terms of the Supreme Court of New York 2017)
25 W. 24th St. Realty Corp v. Zayas (Appellate Terms of the Supreme Court of New York 2017)
People v. Lavalley (Appellate Division of the Supreme Court of New York 2017)
People v. Walker (Appellate Division of the Supreme Court of New York 2017)
People v. Lavalley (Appellate Division of the Supreme Court of New York 2017)
25 West 24th Street Realty Corp. v. Gianquinto (Appellate Terms of the Supreme Court of New York 2017)
The People v. Glenn S. Smith & The People v. Norman E. Ramsey (N.Y. 2016)
People v. John (N.Y. 2016)
Matter of Branic Intl., Realty Corp. v. Pitt (Appellate Division of the Supreme Court of New York 2015)
E., DERRELL A., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
EPPOLITO, ROBERT J., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
Branic International Realty Corp. v. Pitt (N.Y. 2015)
People v. Sibounhome (Appellate Division of the Supreme Court of New York 2015)
People v. Sibounhome (Appellate Division of the Supreme Court of New York 2015)
People v. Eppolito (Appellate Division of the Supreme Court of New York 2015)
People v. Eppolito (Appellate Division of the Supreme Court of New York 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*1007OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, the matter remitted to the Appellate Division with directions to dismiss the proceeding solely on the ground of mootness, and the certified question not answered as unnecessary.

The issues presented in this case are moot because respondent voluntarily vacated the premises. The mootness exception is not applicable under the facts of this case (see e.g. Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]) and therefore the proceeding should be dismissed (see Matter of Park E. Corp. v Whalen, 43 NY2d 735, 736 [1977]).

Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera concur; Judge Abdus-Salaam taking no part.

Order reversed, without costs, matter remitted to the Appellate Division, First Department, with directions to dismiss the petition solely on the ground of mootness and certified question not answered as unnecessary, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.