Matter of Branic Intl., Realty Corp. v Pitt, 2015 NY Slip Op 00227 [124 AD3d 421]

January 6, 2015

Appellate Division, First Department

[*1]

In the Matter of Branic International, Realty Corp., Respondent,

v

Phillip Pitt, Appellant, et al., Respondents.

West Side SRO Law Project, New York (Martha Weithman of counsel), for appellant.

Rosenberg Calica & Birney LLP, Garden City (Ronald J. Rosenberg of counsel), for respondent.

On remittitur from the Court of Appeals (24 NY3d 1005 [2014]), order, Appellate Term of the Supreme Court, First Department, entered on or about December 22, 2010, which, to the extent appealed from as limited by the briefs, reversed an order of the Civil Court, New York County (Gerald Lebovits, J.), entered on or about June 9, 2009, granting respondent’s motion for summary judgment dismissing the petition and denying petitioner’s motion for summary judgment on its claim for possession, denied respondent’s motion, and granted petitioner’s motion, unanimously reversed, on the law, without costs, the order of the Appellate Term vacated, and the proceeding dismissed as moot. Concur—Friedman, J.P., Acosta, Andrias and Clark, JJ. [Prior Case History: 30 Misc 3d 29.].