"Any person aggrieved by a violation of [New York Real Property § 235-b] may maintain an action in any court of competent jurisdiction for: (a) an injunction to enjoin and restrain such unlawful practice; (b) actual damages sustained as a result of such unlawful practice; and (c) court costs." (See RPL § 235-F). Contrary to the respondent's claims, Mr. Clark's pending action for money damages on the warranty claim is not a valid bar to his present claim. The use of one remedy does not bar the availability of another. In addition, inasmuch as the [administrative] action is final, and not reviewable by appeal elsewhere, it presents a triable issue in this court. (See CPLR § 7801(1)).
This court must be mindful of a variety of legal standards; to wit; [1]"A party may move for judgment dismissing one or more causes of action asserted against him on the ground that the court has no jurisdiction of the subject matter of the cause of action." (See CPLR § 3211(a)[2]), [2] "It is the general policy of the courts of this State where an appeal has been rendered moot to simply dismiss the appeal." (See Application of Thomas F. Ruskin v. Howard Safir, 257 AD2d 268, 271 [NY App. Div. 1999]). "The predominating factor in disposing of moot cases in the manner most consonant to justice is the nature and character of the conditions which have caused the case to become moot." (See Id. at 271). "The principal conditions to which we have looked are whether the party seeking relief from the judgment below caused the mootness by voluntary action (See Id. at 273) (citing United States Bancorp Mortg. Co. v. Bonner Mall P'ship, 513 U.S. 18 (U.S. 1994)), [3]"Absent extraordinary circumstances, a party should not be relieved from the terms of a stipulation and courts must not interfere with stipu