SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
February 21, 2012
JOE LEBNAN, LLC, APPELLANT,
ARIAS OLIVA, RESPONDENT, -AND- "JOHN DOE" AND "JANE DOE", UNDERTENANTS. K C JOE LEBMAN, LLC, APPELLANT, -- MIGUEL NAULA, RESPONDENT, -AND- "JOHN DOE" AND "JANE DOE", UNDERTENANTS.
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 NY Slip Op 52735[U]), dated December 17, 2009.
Joe Lebnan, LLC v Oliva
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on February 21, 2012
PRESENT: RIOS, J.P., WESTON and GOLIA, JJ
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 non-jury 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 AD2d 307 ; Chapin v Chapin, 295 AD2d 389 ; Rosas v Ishack, 219 AD2d 633 ; Matter of Colonial Penn Ins. Co. v Culley, 144 AD2d 363 ). Landlord, if it be so advised, may enter final judgments and appeal therefrom.
Rios, J.P., Weston and Golia, JJ., concur. Decision
Date: February 21,2012
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