LLC v. Arline Udis, Respondent-Tenant-Respondent. (2026)

Supreme Court, Appellate Term, New York,

Regency Towers, LLC, Petitioner-Landlord-Appellant, v. Arline Udis, Respondent-Tenant-Respondent.

570182 /26

Decided: April 23, 2026

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

Per Curiam.

Order (Adam R. Meyers, J.), dated September 28, 2025, dismissed, without costs, as academic.

Following the dismissal of the underlying nonpayment proceeding, landlord commenced a second nonpayment proceeding, which cured the perceived defect relied upon to dismiss the first proceeding and raised the same claims. As a result, the appeal from the order dismissing the first proceeding has been rendered academic (see Concepcion v Lessel Transp. Corp., 213 AD3d 449, 450 [2023]). Courts are prohibited from rendering advisory opinions and "an appeal will be considered moot unless the rights of the parties will be directly affected by the determination of the appeal and the interest of the parties is an immediate consequence of the judgment" (Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]).

All concur.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Clerk of the Court

Decision Date: April 23, 2026

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