C.H.T. Place, LLC v. Dixon

Full title: C.H.T. Place, LLC, Respondent, v. Diane Dixon, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Sep 24, 2014

2014 N.Y. Slip Op. 85484 (N.Y. App. Term 2014)

Opinion

Motion No: 2013-01768 KC

09-24-2014

C.H.T. Place, LLC, Respondent, v. Diane Dixon, Appellant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Kings County, dated August 7, 2012. The order, insofar as appealed from, denied the branch of appellant's motion seeking leave to renew "that part of the Order of the Hon. Kimberly S. Moser rendered on the 21st day of March 2012 as determined that the subject premises is a low-income tax credit condo not subject to Rent Stabilization."

On the court's own motion, it is

ORDERED that the appeal is dismissed, as no appeal lies from a finding of fact (see County of Westchester v O'Neill, 191 AD2d 556 [1993]).

It is noted that the finding that "the subject premises is a low-income tax credit condo not subject to Rent Stabilization" will not have collateral estoppel effect on future proceedings (see Ryan v New York Tel. Co., 62 NY2d 494, 500 [1984]).

ENTER:

Paul Kenny

Chief Clerk