Riverview II Pres., L.P. v. Henderson

Full title: Riverview II Preservation, L.P., Respondent, v. Leroy Henderson, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Aug 6, 2015

2015 N.Y. Slip Op. 82152 (N.Y. App. Term 2015)

Opinion

Motion No: 2013-02017 WC

08-06-2015

Riverview II Preservation, L.P., Respondent, v. Leroy Henderson, Appellant.

ANTHONY MARANO, P.J.

ANGELA G. IANNACCI

BRUCE E. TOLBERT, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the City Court of Yonkers, Westchester County, entered September 12, 2013.

On the court's own motion, it is

ORDERED that the appeal is dismissed and all proceedings had in the City Court, including the order appealed from and the final judgment entered June 12, 2013, are vacated.

For the reasons stated in Riverview II Preserv., L.P. v Brice-Frazier (47 Misc 3d 134[A], 2015 NY Slip Op 50484[U] [App Term, 9th & 10th Jud Dists 2015]), the electricity charges sought herein are not additional rent and the City Court lacked jurisdiction to entertain this nonpayment summary proceeding.

ENTER:

Paul Kenny

Chief Clerk