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MATTER OF EMERALD CR. CAPITAL, LLC v. TRENCHER

9781. 160484/16.

174 A.D.3d 405 (2019)

101 N.Y.S.3d 604

2019 NY Slip Op 05323

In the Matter of Emerald Creek Capital, LLC, Respondent, v. Mildred Trencher, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 2, 2019.

The parties assert in their appellate briefs that after the petition was granted, respondent satisfied the judgment. This rendered the instant appeal academic (see Wisholek v Douglas, 97 N.Y.2d 740, 742 [2002]). Contrary to respondent's argument, satisfaction of the judgment was not the only way to preserve the status quo, as she was free to file an application before this Court for a release of the lien by posting an undertaking...

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