Kern v. Guller, 40 A.D.3d 1231 (2007)

This appeal has not been rendered moot by respondent’s subsequent eviction from the premises, because an improperly ousted tenant may be entitled to damages or restoration to possession (see S.W.S. Realty Co. v Geandomenico, 126 Misc 2d 769, 770-771 [1984]), and the proceeding resulted in a money judgment against respondent for unpaid rent. Additionally, this appeal was properly taken as of right from the order of County Court which determined an appeal from a judgment or order of a justice court (see CPLR 5703 [b]; Hayes v City of Amsterdam, 2 AD3d 1139, 1140 [2003]).