Opinion
570503/08.
Decided July 1, 2009.
Tenant Mayo Roe appeals from 1) a final judgment of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), entered June 10, 2008, after a nonjury trial, which awarded landlord possession and a monetary recovery of $320,679.89 in a nonpayment summary proceeding, and 2) an order (same court and Judge), entered June 4, 2008, which denied his post-trial motion to set aside the verdict.Final judgment (Barbara Jaffe, J.), entered June 10, 2008, affirmed, with $25 costs, for the reasons stated by Barbara Jaffe, J. at Civil Court. Appeal from order (Barbara Jaffe, J.), entered June 4, 2008, dismissed, without costs, as subsumed in the appeal from the aforesaid final judgment.
PRESENT: McKeon, P.J., Heitler, Shulman, JJ.
Although the within nonpayment summary proceeding was originally instituted in the name of the "Estate of William Gottlieb," and not the previously appointed executrix, the procedural misstep was a "mere irregularity" subject to correction by amendment ( see Rosenberg v Caban, 16 NY2d 905, 906). Tenant's remaining arguments, to the extent preserved, are without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.