167 LLC v. Calinescu

Full title: 167 LLC, Petitioner-Landlord-Respondent, v. Nicolae Calinescu…

Court: SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Mar 20, 2013

38 Misc. 3d 148 (N.Y. App. Div. 2013)

2013 N.Y. Slip Op. 50379

971 N.Y.S.2d 73

Opinion

No. 570683/11.

2013-03-20

167 LLC, Petitioner–Landlord–Respondent, v. Nicolae CALINESCU, Respondent–Tenant–Appellant.

PER CURIAM.

Tenant, as limited by his briefs, appeals from those portions of an order of the Civil Court of the City of New York, Bronx County (Jack Stoller, J.), dated August 5, 2011, which granted landlord's motion to strike the jury demand and certain counterclaims interposed by tenant in a holdover summary proceeding.
Present: LOWE, III, P.J., SHULMAN, TORRES, JJ.

PER CURIAM.

Appeal from order (Jack Stoller, J.), dated August 5, 2011, dismissed, without costs.

Pending the present appeal, the holdover proceeding was resolved on the merits by the grant of landlord's motion for summary judgment, with a final judgment entered in landlord's favor. In this posture, tenant's appeal from the interlocutory order must be dismissed because the right of direct appeal therefrom terminated with the entry of the final judgment ( see Matter of Aho, 39 N.Y.2d 241 [1976] ). The issues raised by tenant are reviewable upon appeal from the final judgment ( seeCPLR 5501[a][1] ).

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