BRONX PARK EAST HOUSING COMPANY INC v. BERISHA (2025)

Supreme Court, Appellate Term, New York,

BRONX PARK EAST HOUSING COMPANY INC., Petitioner-Landlord-Respondent, v. Fehmi BERISHA, Respondent-Tenant-Appellant, and Ramadan Berisha, Hatmone Berisha, Respondents-Tenants, and “John Doe” and “Jane Doe,” Respondent-Appellant.

570024 /25

Decided: October 10, 2025

PRESENT: Tisch, J.P., Perez, Alpert, JJ.

Appeal from order (Bryant F. Tovar, J.), dated December 11, 2024, dismissed, without costs, as moot.

The issues raised on this appeal have been rendered moot, since respondent-appellant Fehmi Berisha voluntarily vacated the apartment premises during the pendency of the appeal (see Branic Intl. Realty Corp. v Pitt, 24 NY3d 1005 [2014]). The circumstances presented do not warrant addressing the issues under an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714—715 [1980]).

In any event, were we not dismissing the appeal, we would affirm, since respondent failed to demonstrate a reasonable excuse for his repeated failure to appear in this proceeding and a meritorious defense (see 1032-1034 Lexington Ave., Ltd. v Rogers, 194 AD3d 461, 462 [2021]; Wong v 237 Realty LLC, 81 Misc 3d 137[A], 2023 NY Slip Op 51417[U] [App Term, 1st Dept 2023]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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