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Jurisdiction
New York (state)
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014, the Civil Court found that it was undisputed that all arrears had been paid on September 19, 2014 and that tenant had been restored to possession, and ordered landlord to restore the premises to a habitable condition. The court also directed tenant to provide landlord with access on specified dates and times in early September and the beginning of October to allow landlord to effectuate the necessary repairs to the premises. Thereafter, in November 2014, tenant moved to, among other things, punish landlord and Larry Jeremias, landlord's managing agent, for civil contempt for violating the orders dated September 4, 2014 and September 22, [*2]2014 (see Judiciary Law § 753), alleging, among other things, that they had failed to restore the premises to a habitable condition. Landlord and Jeremias opposed the motion, asserting, among other things, that tenant had denied access to the premises. By order entered March 12, 2015, the Civil Court, among other things, denied as "moot" the branch of tenant's motion seeking to punish landlord and Jeremias for contempt for failing to restore the apartment to a habitable condition, as the premises had by then been restored to a habitable condition.

On appeal, tenant argues that the branch of the motion seeking to punish landlord and Jeremias for civil contempt for failing to restore the apartment to a habitable condition was not "moot," as she had been without a kitchen and bathroom for several months.