SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts
February 25, 2013
287 REALTY CORP., APPELLANT,
KONSTANTINOS LIVATHINOS, "JOHN DOE" AND "JANE DOE", OCCUPANTS, -AND-
SPYRIDON LIVATHINOS AND
S & L INDUSTRIAL SERVICES, INC. DOING BUSINESS AS S & L INDUSTRIAL IRON WORK,
Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered February 2, 2010.
287 Realty Corp. v Livathinos
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This opinion is uncorrected and will not be published in the printed Official Reports.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 25, 2013
PRESENT: PESCE, P.J., RIOS and SOLOMON, JJ
The order granted a motion by occupants Spyridon Livathinos and S & L Industrial Services, Inc. Doing Business as S & L Industrial Iron Work to consolidate this summary proceeding with another and to dismiss the petition insofar as asserted against them.
ORDERED that the appeal from so much of the order as granted the branch of the motion by occupants Spyridon Livathinos and S & L Industrial Services, Inc. Doing Business as S & L Industrial Iron Work seeking to consolidate this summary proceeding with another is dismissed as moot; and it is further,
ORDERED that the order, insofar as reviewed, is affirmed, with $25 costs.
In this summary proceeding, the petition merely alleges, in conclusory
terms, that Spyridon Livathinos and S & L Industrial Services, Inc. Doing Business as S & L Industrial Iron Work (occupants) are squatters in a premises
described as "all rooms, 2400 square feet on south side - ground floor space in the building known as 293 Bond Street, Brooklyn," without providing any information
as to how occupants -- one of whom was purportedly a
party to a partnership agreement which gave him a 50% share in
petitioner -- came into possession and why they are to be deemed
"squatters." For the reasons stated in this court's decision in 287
Realty Corp. v Livathinos ( Misc 3d , 2013 NY Slip Op [Appeal No.
2011-2954 K C], decided herewith), it is our view that the petition is
defective (see RPAPL 741 ) and that the branch of occupants' motion
seeking to dismiss the petition insofar as asserted against them
should have been granted on that basis.
In view of the dismissal of the petition, the issue of the propriety of consolidating the summary proceedings is moot. Consequently, the appeal from so much of the order as consolidated the summary proceedings is dismissed.
Accordingly, the order, insofar as reviewed, is affirmed.
Pesce, P.J., Rios and Solomon, JJ., concur. Decision Date: February 25, 2013
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