Opinion
No. 2010–1550KC.
2012-02-21
JOE LEBNAN, LLC, Appellant, v. Arias OLIVA, Respondent, and “John Doe” and “Jane Doe”, Undertenants. Joe Lebman, LLC, Appellant, Miguel Naula, Respondent, and “John Doe” and “Jane Doe”, Undertenants.
Present RIOS, J.P., WESTON and GOLIA, JJ.
Appeals from an order of the Civil Court of the City of New York, Kings County (Laurie Lynne Lau, J.; op 26 Misc.3d 1220[A], 2009 N.Y. Slip Op 52735[U] ), dated December 17, 2009. The order, insofar as appealed from as limited by the brief, granted the branch of tenants' cross motion seeking to set aside the court's decision, after a nonjury trial, in two separate holdover summary proceedings.
ORDERED that, on the court's own motion, the appeals are consolidated for the purposes of disposition; and it is further,
ORDERED that the appeals are dismissed.
No appeal lies from an order granting a motion to vacate a decision ( see Delgado v. Clark, 307 A.D.2d 307 [2003];Chapin v. Chapin, 295 A.D.2d 389 [2002];Rosas v. Ishack, 219 A.D.2d 633 [1995];Matter of Colonial Penn Ins. Co. v. Culley, 144 A.D.2d 363 [1988] ). Landlord, if it be so advised, may enter final judgments and appeal therefrom.