Opinion
2003-1766 KC.
Decided November 1, 2004.
Appeal by sublessor, on the ground of inadequacy, from an order of the Civil Court, Kings County (D. Silber, J.), entered on October 21, 2003, deemed an appeal from a judgment entered pursuant thereto, on October 21, 2003, awarding it the principal sum of $7,878.55.
Judgment unanimously affirmed without costs.
PRESENT: ARONIN, J.P., PATTERSON and RIOS, JJ.
The right of direct appeal from the order terminated with the entry of judgment in this proceeding ( Matter of Aho, 39 NY2d 241). However, in accordance with CPLR 5520 (c), we deem the appeal to be from the final judgment entered pursuant to said order. The issues raised on appeal from said order are brought up for review and have been considered on the appeal from the judgment ( see CPLR 5501 [a] [1]).
Contrary to sublessor's contention, the judgment of the court below should not be disturbed since sublessor failed to establish that the undertenants breached the terms of the stipulation of settlement of the proceeding. The moving papers failed to allege that undertenants did not return the keys and vacate the premises by September 20, 2003.