Court of Appeals Addresses Mootness Doctrine in Construction Context

The New York Court of Appeals discussed the mootness doctrine within the construction context last week in this decision involving a building in NYC. The Court decided the case through the S.S.M. procedure, which translates to sua sponte merits. The procedure is an expedited one that usually applies to simple questions that can be resolved on the submissions rather than briefs and oral arguments, see Rule 500.4.

In any event, the Court offers a good discussion of the mootness doctrine and hints to those parties who plan to challenge the construction of buildings.