YOUNG ISRAEL OF ELTINGVILLE INC v. OORAH INC (2026)

Supreme Court, Appellate Term, New York,

YOUNG ISRAEL OF ELTINGVILLE, INC., Respondent, v. OORAH, INC., Congregation Oorah, Inc., and Joy For Our Youth, Inc., Doing Business as Kars4kids, Appellants.

2024-1278 RI C

Decided: January 23, 2026

PRESENT: JOANNE D. QUIÑONES, J.P., MARINA CORA MUNDY, LISA S. OTTLEY, JJ.

Borah, Goldstein, Altschuler, Schwartz & Nahins (Paul N. Gruber of counsel), for appellants. Shaun Gregory White & Associates, P.C. (Shaun Gregory White of counsel), for respondent.

ORDERED that the appeal is dismissed.

In this commercial holdover proceeding, tenants moved, insofar as relevant here, to dismiss the petition or, in the alternative, to stay this holdover summary proceeding pending the determination of a related Supreme Court action. In an order entered November 21, 2024, insofar as appealed from, the Civil Court (Robert J. Helbock, J.) denied those branches of the motion. In a subsequent order entered January 9, 2026, the Civil Court (Robert J. Helbock, J.) granted the branch of a motion by tenants seeking summary judgment dismissing the petition. The dismissal of the petition renders this appeal academic (see Livny v Rotella, 305 AD2d 377 [2003]; Horizon Radiology, P.C. v Allstate Prop. & Cas. Ins. Co., 41 Misc 3d 138[A], 2013 NY Slip Op 51916[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2013]).

Accordingly the appeal is dismissed.

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

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