From Casetext: Smarter Legal Research

1525 E. 26 Realty Co. v. Rodriguez

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Oct 8, 2019
2019 N.Y. Slip Op. 82230 (N.Y. App. Term 2019)

Opinion

Motion No: 2019-00891 KC

10-08-2019

1525 E. 26 Realty Co., LLC, Respondent, v. Olympia Rodriguez, Tenant, and Jose Diaz, Appellant.


THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered May 17, 2019. By order to show cause dated July 3, 2019, the parties were directed to show cause why the appeal should not be dismissed, the final judgment vacated and the petition dismissed on the ground that the proceeding was a nullity from its inception and this court has no jurisdiction to entertain the appeal.

Upon the order to show cause and the papers filed by respondent in response thereto, and upon the papers filed in support of appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, the final judgment vacated and the petition dismissed (see Gorbaty v Brodsky, 142 AD3d 584 [2016]); and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk


Summaries of

1525 E. 26 Realty Co. v. Rodriguez

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Oct 8, 2019
2019 N.Y. Slip Op. 82230 (N.Y. App. Term 2019)
Case details for

1525 E. 26 Realty Co. v. Rodriguez

Case Details

Full title:1525 E. 26 Realty Co., LLC, Respondent, v. Olympia Rodriguez, Tenant, and…

Court:Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Oct 8, 2019

Citations

2019 N.Y. Slip Op. 82230 (N.Y. App. Term 2019)