From Casetext: Smarter Legal Research

HPS HOLDINGS CO., LLC v. AL ASSOC., LLC

Appellate Term of the Supreme Court of New York, Second Department
Dec 5, 2005
2005 N.Y. Slip Op. 52103 (N.Y. App. Term 2005)

Opinion

2004-1025 K C.

Decided December 5, 2005.

Appeal from an order of the Civil Court of the City of New York, Kings County (Kathy J. King, J.), dated May 21, 2004. The order conditionally granted a motion by tenants and undertenants to be restored to possession.

Appeal unanimously dismissed.

PRESENT: GOLIA, J.P., RIOS and BELEN, JJ.


By accepting the benefit of the order appealed from, landlord waived its right to appeal therefrom ( Cohen v. Cohen, 3 NY2d 339; Crystal Ridge Assoc. v. Pascal, 2003 NY Slip Op 50669[U] [App Term, 2d 11th Jud Dists]). We note, however, that were the appeal properly before us, we would affirm because, on the record presented, any default under the stipulation was not chargeable to tenants since landlord's agent frustrated their attempts to make timely payment.


Summaries of

HPS HOLDINGS CO., LLC v. AL ASSOC., LLC

Appellate Term of the Supreme Court of New York, Second Department
Dec 5, 2005
2005 N.Y. Slip Op. 52103 (N.Y. App. Term 2005)
Case details for

HPS HOLDINGS CO., LLC v. AL ASSOC., LLC

Case Details

Full title:HPS HOLDINGS CO., LLC A N.Y. LIMITED LIABILITY COMPANY, Appellant, v. AL…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Dec 5, 2005

Citations

2005 N.Y. Slip Op. 52103 (N.Y. App. Term 2005)
814 N.Y.S.2d 561