Branic Int'l v. Pitt

Full title: 9453 In re Branic International, Realty Corp., Petitioner-Respondent, v…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jan 6, 2015

2015 N.Y. Slip Op. 227 (N.Y. App. Div. 2015)

Opinion

570284/10

01-06-2015

9453 In re Branic International, Realty Corp., Petitioner-Respondent, v. Phillip Pitt, etc., Respondent-Appellant, "John Doe," et al., Respondents.

West Side SRO Law Project, New York (Martha Weithman of counsel), for appellant. Rosenberg Calica & Birney LLP, Garden City (Ronald J. Rosenberg of counsel), for respondent.

Friedman, J.P.

, Acosta, Andrias, Clark, JJ.

West Side SRO Law Project, New York (Martha Weithman of counsel), for appellant.

Rosenberg Calica & Birney LLP, Garden City (Ronald J. Rosenberg of counsel), for respondent.

On remittitur from the Court of Appeals (___ NY3d ___, 2014 NY Slip Op 07927 [2014]), order, Appellate Term of the Supreme Court, First Department, entered on or about December 22, 2010, which, to the extent appealed from as limited by the briefs, reversed an order of the Civil Court, New York County (Gerald Lebovits, J.), entered on or about June 9, 2009, granting respondent's motion for summary judgment dismissing the petition and denying petitioner's motion for summary judgment on its claim for possession, denied respondent's motion, and granted petitioner's motion, unanimously reversed, on the law, without costs, the order of the Appellate Term vacated, and the proceeding dismissed as moot.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 6, 2015

CLERK